REASONS Points 1 and 2: As already stated above complainant has filed the above complaint for recovery of matured amount and also compensation for mental agony & loss along with cost of the proceedings. It is specific case of the opponent that opponent bank was ready to make the payment as per the directions under Sec. 35A of Banking Regulation Act of 1949 & matured amount will be paid after obtaining permission from the RBI & further submitted that complainant is not ready to come & release FDR amount as per above direction. But after date of maturity whether opponent bank has sought permission from the R.B.I. has not produced any cogent evidence in this regard.
Contention regarding direction of R.B.I. under 35A will holds no water. It is well settled principle that if there is any restrictions on the part of the bank in respect of Sec. 35A of Banking Regulation Act of 1949. It can get it relaxed through RBI. So contention of direction under Sec. 35A by the opponent will not be a ground to reject the prayer of the complainant.
It is bounden duty of the opponent bank to refund the matured amount after date of maturity on demand by the complainant. Hence there is deficiency in service on the part of the opponent as per RBI guidelines. After the date of maturity, it is bounden duty of the opponent to pay the matured amount on demand. There is deficiency in service on the part of the opponent bank for withholding the matured amount of the complainant. More so complainant is in need of funds for the benefit, education & welfare of her minor children.
By producing all the original FDR receipts passed by the opponent bank & opponent is signatory to the said certifications. Complainant has proved that she is entitled to the matured amount of Rs. 27,232/- which is kept in her name from opponent bank. In respect of other deposits, also she is entitled which are kept in the name of her minor children i.e. Kalmeshwar, Kalavati, Deepa & Roopa & she is directed to utilize the same for the benefit, welfare & education of minor children.
Thus we have answered point no.1 in the affirmative & point no. 2 partly in the affirmative for the above said reasons. Point no. 3: From the finding on the above points, we proceed to pas the following ORDER Complaint is allowed in part with a direction to the opponent to pay Rs. 2,26,980/- to the complainant with interest @ 6% p.a. payable from 1/1/2007 till its realization along with cost of the proceedings within 30 days from the date of receipt of copy of this order. (Dictated to steno, transcribed by her and edited by us and pronounced in the open Forum on this day on 26th day of March 2009.)