JUDGEMENT
M.THANIKACHALAM J. -
(1.) This is a complaint filed under Section 17 of the Consumer Protection
Act, claiming a total sum of Rs.35,78,370/-, against the opposite party,
leveling, alleging, negligent act, as well as deficiency in service.
(2.) Facts necessary for the disposal of this case:-
The complainant was having with the opposite party, a Fixed Deposit
Receipt bearing No.132285 for Rs.1,50,000/-, dated 16.08.99, having
maturity period of three years. At the time of maturity, the complainant
informed the opposite party and handed over the matured FDR, to them for
renewal, but the same was not renewed, returned, despite number of
requests and letters. Because of the fact, the opposite party bank failed
to realize their mistake, the complainant had to foreclose all the FDRs,
as described in Document No.5 with the opposite party, resulting heavy
loss of interest of Rs.31,72, 164/-.
(3.) Upon, refusal to renew the FDR, the complainant approached the Banking
Ombudsman, and they have also dismissed the complaint on 22.12.2004, as
if, the complainant has not proved the cash deposit of Rs.1,50,000/-.
Thus, the opposite party had committed deficiency of service, in failing
not only to renew the FDR dated 16.08.99 on surrender, but also
mishandling the situation, causing huge loss of interest, resulting
foreclosure of the FDRS. Hence, a complaint is filed for the relief, as
detailed in last paragraph of the complaint.;
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