M.THANIKACHALAM J. - (1.) The challenge TO the order, in this appeal is dt.30.7.2009, wherein a direction has been given against the opposite party, to pay a sum of Rs.54,521/-, with interest thereon at 12% p.a., from 21.4.2008, alongwith compensation of RS.15000/- + Rs.1000/- as cost, based upon deficiency in service.
(2.) The complainant/1st respondent, approached the District Forum, seeking directionS against the opposite party to pay the matured deposit amount of RS.54,521/-, with interest, as well for compensation of Rs.1 lakhs, under the heading deficiency in service, alleging that he had deposited a sum of Rs.50,000/-, on 20.4.2007, for a period of 12 months, that after the maturity period, when he sought for crediting the amount in his Savings Bank Account, the opposite party not only treated him VERY badly scolding, but also failed to credit the amount, in his account, as per the Fixed Deposit, which should be construed, not only as negligent act, but also as deficiency in service.
(3.) The opposite party/ appellant, admitting that the complainant had THE Savings Bank Account, in their bank, disputing the consideration for the FDR, though they have issued receipt, opposed the claim, interalia contending that when the complainant requested to withdraw the amount from the Savings Bank Account, by signing the withdrawal slip, in fact they have not debited any amount from the SB account of the complainant, and believing the debit will be made under good faith, they have issued the Fixed Deposit receipt, without consideration, when it was brought to the knowledge of the opposite party, they realized the mistake, committed by their staff, and as such, since the Fixed Deposit was not supported by consideration, they refused to pay the amount, which cannot be treated as deficiency, thereby prayed for the dismissal of the complaint.;