LAWS(NCD)-2013-9-31

SANJIVANI URBAN CO-OPERATIVE BANK LTD Vs. DHARNIDHAR

Decided On September 19, 2013
Sanjivani Urban Co -Operative Bank Ltd Appellant
V/S
DHARNIDHAR Respondents

JUDGEMENT

(1.) These two revision petitions, RP No. 1575/2013 and RP No. 1576/2013, have been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 24.01.2013 passed by the Maharashtra State Consumer Disputes Redressal Commission (for short 'the State Commission') in FA No. A/730/2007, "Sanjivani Urban Cooperative Bank Ltd. & Ors. versus Dharnidhar" and FA No. A/731/2007, "Sanjivani Urban Cooperative Bank Ltd. & Ors. versus Swati Dharnidhar" vide which, while dismissing these two appeals, the order dated 21.04.2007 passed by the District Consumer Disputes Redressal Forum, Parbhani in complaint nos. 19/2007 and 20/2007, allowing the said complaints was upheld.

(2.) The facts in brief, giving rise to these revision petitions are that the complainants who are husband & wife had kept as fixed deposit a sum of Rs.45,000/- each, total Rs.90,000/- for 27 months with the petitioner bank. The other two petitioners are the Chairman and the Manager of the Sanjivani Urban Cooperative Bank, whereas petitioner no. 4 Vaidyanath Urban Cooperative Bank Ltd. is another bank with which the Sanjivani Urban Cooperative Bank happened to merge later on. The said fixed deposit matured on 06.09.2005 at the expiry of 27 months, but the maturity amount was not paid to them by the OP Sanjivani Urban Cooperative Bank; hence they alleged deficiency in service on their part. The OP Sanjivani Urban Cooperative Bank maintained that the said payment was not made because of some restriction on transactions imposed upon them through some circular of the Reserve Bank of India (for short, 'RBI') issued on 26.12.2005.

(3.) The District Forum after considering the evidence produced by the parties directed vide their order dated 21.04.2007 that a sum of Rs.45,000/- should be paid to the complainants in each case along with an interest @12% p.a. within three months form the knowledge of the order, otherwise, the complainant shall be entitled to interest @15% p.a. It was also ordered that the OPs should pay Rs.5,000/- towards compensation within one month from the date of the said order. Appeals were preferred by the OPs against this order of the District Forum, but vide impugned order dated 24.01.2013, the State Commission dismissed the appeals and upheld the order of the District Forum. It is against this order that the present revision petitions have been made.