MASTER TRUST LTD Vs. REETA VERMA

JUDGEMENT

(1.) This appeal, filed by M/s. Master Trust Ltd. , SCO Nos.22 - 23, IInd Floor, Sector 9-D, Chandigarh (U. T.) is directed against the order dated 3.7.2000 in Complaint Case No.457 of 1999 passed by the District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter to be referred as the District Forum-II ).

(2.) The facts in brief are as under : the appellant/complainant, Mrs. Reeta Verma resident of H. No.230, Sector 17, Panchkula - 134109, joint holder with Mrs. Vimla Verma deposited Rs.10,000/- vide cheque No.1424506 dated 2.2.1998 drawn on Bank of India, Panchkula branch with maturity date 2.2.1999 with respondents/opposite parties for a period of one year. As per averments made by the respondent/complainant, inter alia, the cheque was deposited with Master Trust Ltd. , SCO Nos.22-23, IInd Floor, Sector 9-D, Chandigarh (U. T.), impleaded as opposite party No.3. The above mentioned cheque was deposited by opposite party No.3 with the collecting bankers i. e. Central Bank of India, Sector 17-B, Chandigarh (U. T.), impleaded as opposite party No.4 herein. The FDR receipt No. D-7002404 issued by M/s. Asia Television Ltd. , Prospect Chambers Annexe, Ground Floor, Pitha Street, Off : Sir, P. M. Road Fort, Mumbai, impleaded as opposite party No.1, has been placed on record vide Annexure-A. The respondent/complainant wanted to encash the FDR before the maturity date and a duly discharged receipt was sent by Speed Post on 6.10.1998 and the same was received by opposite party on 8.10.1998, copy of the same is appended on the record vide Annexure-B. The case of the complainant, now respondent is that not only the FDR amount was not paid prematurely as requested by her but the same stood unpaid even after the due date of maturity consequent to which she was constrained to serve a legal notice on opposite party Nos.1 and 2 on 16th March, 1999 (Annexure-C ). She has further alleged that under the terms of deposit she was entitled to monthly interest but she never received any amount towards the interest from the opposite parties She has prayed for the refund of maturity amount with 15% interest as stipulated and 18% interest on the total amount from the date of maturity till actual payment. Further a prayer for compensation of Rs.5,000/- towards mental agony, harassment and inconvenience caused to her and 3,000/- towards the costs of litigation have also been made.

(3.) The case was not contested by the opposite parties in the District Forum-II and hence were proceeded against ex-parte. On 3.8.1999 a representative of opposite party No.3 appeared in the District Forum-II but no reply was filed by him either. Since no relief was claimed against Central Bank of India, opposite party No.4, hence they did not put in appearance.