Rajasthan

StateCommission

A/44/2022

Pushpa Devi - Complainant(s)

Versus

Bank of Baroda - Opp.Party(s)

Davendra Mohan Mathur

26 Aug 2022

ORDER

BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION,JAIPUR

 

FIRST APPEAL NO: 44/2022

 

Smt. Pushpa Devi Agarwal w/o Sh. Gajanand Goyal r/o Gangapur city at present r/o Outside Old Aanaj Mandi, Sawaimadhopur, Raj.

Vs.

Br.Manager, Bank of Baroda, Branch Gangapur City, Distt. Sawaimadhopur.

 

Date of Order 26.8.2022

Before:

Hon'ble Mr. Atul Kumar Chatterjee- Acting President

Hon'ble Mr. Ramphool Gurjar- Member

Present:

Mr. D.M.Mathur learned counsel for the appellant

Mr. Dinesh Bishnoi learned counsel for the respondent

 

BY THE STATE COMMISSION ( PER HON'BLE MR.ATUL KUMAR CHATTERJEE, ACTING PRESIDENT )

 

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This appeal has been filed by the appellant/complainant against the order of learned District Consumer Commission, Sawaimadhopur dated 24.9.2021 passed in Complaint Case No 33/2020. By this judgment the complaint of the appellant/complainant has been allowed but being aggrieved by the relief the appellant/complainant has filed this appeal for enhancement thereof.

 

In this matter the main grievance of the appellant/complainant in her complaint against the respondent bank was that on 1.10.1991 she deposited an amount of Rs. 5,161.50 on her account no. 7435 . It was fixed for 36 months with interest @ 13% p.a. Again on 1.10.1994 the FDR was renewed for further 66 months but no document of renewal was provided to the complainant. The respondent bank did not pay the amount deposited in fixed deposit alongwith interest till filing of the complaint.

 

The respondent bank in its reply averred that since the complainant has not adduced the original FDR before the bank and that the FDR being of the year 1991, no record is available with the bank, in this way alleging claim of complainant to be

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false and fraudulent the respondent bank pleaded for dismissal of the complaint. Besides this the point of limitation was also raised by the respondent bank.

 

The learned DCC after hearing both the sides decided the complaint in favour of the appellant/complainant and granted relief for payment of original FDR amount of Rs.5161.50 alongwith interest @ 13% p.a. w.e.f. date of filing of the complaint till payment. Besides this Rs. 3000/- as costs has also been allowed.

 

The main objection of the learned counsel for the appellant/ complainant is that the interest must have been awarded from the date of deposit i.e. 1.10.1991 till payment. The learned counsel for the respondent bank has opposed this contention. He tried to convince the Commission that neither any record is available with the bank nor the appellant/complainant has herself produced the original FDR. As such he has tried to dispute the findings against the respondent bank but since this appeal has been filed by the appellant/complainant and not by the respondent bank therefore, now the bank's plea raising objection against the

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findings of the learned DCC cannot be sustained.

 

This Commission has to ponder upon as to whether the relief granted by the learned DCC is sufficient and proper or it deserves to be enhanced as prayed by the appellant/complainant.

 

From the record we find that the learned DCC has held that from the record of the bank upto 9.9.1997 the balance of Rs. 7576/- against the FDR dated 1.10.1991 of appellant/complainant is available and on this basis the learned DCC has held that even after maturity date i.e. 1.10.2002, no payment whatsoever has been made in lieu of the above FDR to the complainant.

 

In view of the above finding of the learned DCC we find that the appellant/complainant deserves interest @ 13% p.a. on the original amount of Rs. 5161.50 from the original date of deposit i.e. 1.10.1991 till filing of complaint i.e. 15.1.2020 and from the date of filing of the complaint we deem it proper that the interest rate should be 9% p.a. till payment on that amount.

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Based on the above discussions, the appeal is partly allowed and the impugned order dated 24.9.2021 is modified in the manner that the appellant/complainant is entitled for interest @ 13% p.a. on the original amount of Rs. 5161.50 from the original date of deposit i.e. 1.10.1991 till filing of complaint i.e. 15.1.2020 and on the amount so calculated @ 13% on Rs. 5161.50 from 1.10.1991 till 15.1.2020 the appellant/complainant shall be entitled for interest @ 9% p.a. Till payment. Rest part of the impugned order shall remain same.

 

(Ramphool Gurjar) (A.K.Chatterjee)

Member Acting President

 

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