S.C.VYAS,PRESIDENT - (1.) THIS appeal is directed against order dated 17.7.2008, passed by District Consumer Disputes Redressal Forum, Bilaspur in Complaint case No. 221/2007, whereby the complaint of the appellant was dismissed.
(2.) THE facts of the case are not much disputed. It is not in dispute that Rs. 20,00,000 for 25 days and Rs. 30,00,000 for 30 days, were deposited by the appellant with the respondent bank with instructions that proceeds of those deposits will be transferred to the Savings Bank account of the appellant on maturity. First deposit became matured on 5.12.2006 and second deposit became matured on 30.12.2006. But, in spite of instructions, the proceeds of these term deposits, were not deposited in the Savings account of appellant. With this grievance, complaint was filed by the appellant before District Forum.
(3.) IN written version the respondent Bank took the stand that duly discharge receipt of fixed deposit was not presented by the appellant before the Bank, and therefore the proceeds of the Fixed Deposits could not be deposited in Savings account. It has also been averred that in the Fixed Deposit Receipt itself, it was mentioned that Interest will cease on date of maturity and the amount would be paid after presentation of duly discharged receipt of deposit. This condition was not fulfilled by the appellant, so the amount was not deposited in S.B. account, thus, no deficiency was committed by the Bank. Learned District Forum dismissed the complaint, agreeing with contentions of the opposite party that duly discharged receipt of Fixed Deposit has not been presented by the appellant in Bank and so amount could not be transferred to his another account.;