Rajasthan

StateCommission

A/1210/2016

Ram Narayan S/O Shri Bhura Ram Jat - Complainant(s)

Versus

Manager SBI Bank - Opp.Party(s)

Om Prakesh Choudhary

01 Jun 2017

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 1186 /2016

 

State Bank of India through Br.Manager, Link Road, Bagru, Jaipur & ors.

Vs.

Sh. Ramnarayan & Sh. Rameshwar both s/o Bhuraram r/o Anand Dharam Kanta, Ajmer Road, Bagru, Jaipur.

 

FIRST APPEAL NO: 1210/2016

 

Sh. Ramnarayan & Sh. Rameshwar both s/o Bhuraram r/o Anand Dharam Kanta, Ajmer Road, Bagru, Jaipur.

Vs.

State Bank of India through Br.Manager, Link Road, Bagru, Jaipur & ors.

 

Date of Order 1.6.2017

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Anil K.Sharma counsel for the Bank

Mr. Gopal Shastri counsel for the complainants

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BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

Both these appeals have been filed against the common order hence, are decided by this common order.

 

The contention of the bank is that the claim is time barred as the fixed deposit was matured in 1995 where the claim has been filed in 2009 and they are not deficient.

 

Per contra the contention of the respondent consumer is that the bank is deficient and the interest should have been paid from the date of maturity i.e. 18.6.1995.

 

Heard the counsel for the parties and perused the impugned judgment as well as original record of the case.

 

The consumer respondent has fixed deposit amount with the bank and fixed deposit was to be matured on 18.6.1995 which was further re-invested for six years i.e. upto 18.6.2001. When the consumer went to have his money on maturity of the fixed deposit on 18.6.2001 it was made known to him that money was paid to him on 5.7.1995 through bankers cheque

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and the contention of the bank is that cause of action has arisen on 18.6.2001 when money was not paid to the consumer inspite of the maturity of the fixed deposit and complaint filed on 30.3.2009 is time barred.

 

Per contra the complainant respondent has rightly contended that when he could know about the fact that money was paid to another person on 5.7.1995 he made a complaint with the bank and vide Anx. 4 & 5 paid fee for the comparison of the signatures on the instructions of the bank but no handwriting expert report was furnished to him. Thereafter he lodged First Information Report and after investigation he could know that bank has also get the signature compared from the expert and after investigation the final negative report was filed with the conclusion that the signatures on the receipt were not of the consumer which was accepted by the competent court on 18.12.2008 till it was continuous cause of action as the money was not paid to him and even the bank has not given any conclusion on his complaint. After acceptance of the final report from the competent court he has moved the complaint within time.

 

In view of the above the Forum below has rightly held

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that the complaint is filed within limitation as only on 18.12.2008 it was concluded that the signatures of the consumer are forged one on the fixed deposit receipt. Now there remains no dispute about the fact that on 5.7.1995 the money was not paid to the consumer and it was paid to some other person. The Forum below has also considered the fact that the money was to be paid through account payee cheque or Demand Draft but in derogation of the directions it was paid through bankers cheque. The fixed deposit was in the name of Ramnarayan and Rameshwar but it was paid singularly and rightly ordered for the refund of the amount. It is also not in dispute that the fixed deposit was to be matured on 18.6.1995 hence, the consumer appellant is entitled for the interest from 18.6.1995.

 

In view of the above the appeal of the bank is dismissed and the appeal of the complainant is allowed. The complainant appellant will get 9% interest from 18.6.1995 instead of 18.6.2001. Rest order of the Forum below is maintained.

 

(Nisha Gupta) President

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