SUBE SINGH Vs. KOTAK MAHINDRA BANK

JUDGEMENT

(1.) The complainant, who was erstwhile Surpanch of Gram Panchayat of village Wazirabad, Gurgaon has filed the present complaint against the opposite party, alleged deficiency in service, with the prayer for a direction to the opposite party to pay a sum of Rs. 3,85,00,000 (Rs. three crores eighty five lakh only) along with interest @ 24% per annum from the date of the complaint till realization, as compensation and the amount be paid to the Commissioner, Municipal Corporation, Gurgaon, Haryana. The consumer dispute sought to be raised in this complaint is in regard to Fixed Deposit of Rs. 3 crores, which the complainant made with the opposite party-Bank sometime in April, 2008 for a period of three years carrying interest @ 9% and the total amount on the date of maturity was to be Rs. 3,85,00,000. However, the said Gram Panchayat of village Wazirabad was dissolved under a notification of the State Government and was merged in the Municipal Corporation, Gurgaon. Though the FDR was taken in his individual/personal capacity but the complainant had assigned the same to the Gram Panchayat, Village Wazirabad, who after the dissolution of the Gram Panchayat assigned the said FDR in favour of the Commissioner, Municipal Corporation, Gurgaon. It is alleged that during the intervening period, the complainant was misled by the opposite party and the amount was invested in a different scheme i.e. Kotak Life Insurance, which had a stipulation that in case of pre-mature termination of the said scheme, the deposited amount would be reduced to a sum of Rs. 2,65,89,975.40.

(2.) The grievance of the complainant is that he being a semi literate person could not comprehend the implication of said scheme and, therefore was misled in the process, which is adverse to the interest of the Municipal Corporation, Gurgaon. A letter dated 27.9.2011 (at page 21-22 of the paper book) issued by the Commissioner, Municipal Corporation, Gurgaon to the Branch Manager, M/s. Kotak Mahindra, Old Mutual Life Insurance Ltd., HB Twin Towers, 5th Floor, Netaji Subhash Place, Wazirpur, District Centre, Pitampura, Delhi as well as the Branch Manager, M/s. Kotak Mahindra, Old Mutual Life Insurance Ltd., Section 14, Gurgaon, which has been filed on record reads as under: