M.THANIKACHALAM J. - (1.) The respondent as complainant filed a complaint before the District Forum against the appellant/opposite party praying for the direction to the opposite party to pay a sum of Rs.1 lakh towards deficiency of service, to pay Rs.50,000/- towards mental agony, stress and strain, to pay Rs.5,000/- towards litigation expenses and to pay the cost. The District Forum allowed the complaint, against the said order, this appeal is preferred praying to set aside the order of the District Forum dt.16.10.2007 in C.C.123/2001. This appeal coming before us for hearing finally on 21.04.2011, upon hearing the arguments of the either counsels and perused the documents, as well as the order of the District Forum, this Commission made the following order: The opposite party is the appellant.
(2.) Facts leading to this appeal:- A sum of Rs.6,000/- was deposited in the name of the complainant, in the opposite party bank, while she was a minor on 19.12.79, having the maturity period on 19.12.85. After the maturity period though the amount belongs to the complainant, as per the terms in the deposit, the opposite party failed to pay the amount.
(3.) The complainant was not possessing the original FDR, for which, she was willing to execute the Indemnity Bond. If the amount had been given, it would have reached at Rs.76,000/-, negligent act of the opposite party, the complainant was put to monetary loss, which should be compensated by paying Rs.76,000/-, in addition to other compensations. Thus, a consumer complaint was lodged before the District Forum, Salem.;