LAWS(NCD)-2013-2-93

HDFC BANK LTD Vs. ASHOK KUMAR SINHA

Decided On February 08, 2013
HDFC BANK LTD Appellant
V/S
Ashok Kumar Sinha Respondents

JUDGEMENT

(1.) Mr. Ashok Kumar Sinha, an Advocate, deposited a sum of Rs.30,000/- with the OP, HDFC Bank Ltd for a period of 12 months, 15 days. On 07.03.2008 it stood matured with the maturity value of Rs.32,745.07. The case of the complainant is that it was reinvested for another term, 12 months, 15 days which also matured with the value of Rs.36,009.76 on 23.03.2009. This may be mentioned here that this is the main disputed fact. The case of the complainant further continues that he was in urgent need of money. He asked the Bank to pay him the maturity amount and sent the FDR to the OP by courier. The OP did not respond. The complainant was left with no option but to file a complaint before the District Forum.

(2.) The OP did not appear before the District Forum, as such they were proceeded against ex-parte. The learned District Forum allowed the complaint with a direction to the OP to pay a sum of Rs.36,009.75 to the complainant with interest @ 9.25% p.a. from the date of maturity within one month from the date of the order along with compensation in the sum of Rs.6,000/- and litigation costs of Rs.2,000/-. Aggrieved by that order, OP preferred an appeal before the State Commission. The State Commission dismissed the appeal.

(3.) Then the OP, HDFC Bank Ltd., filed the instant revision petition. Our attention was invited to the following facts. In the appeal filed before the State Commission, it was specifically mentioned as under :-