JAGDISH CHAND SHARMA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Challenge in this Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), is to order dated 30.9.2013 in First Appeal No. 515 of 2013 passed by the State Consumer Disputes Redressal Commission, Haryana, Panchkula (for short "the State Commission"). By the impugned order, the State Commission modified the order of the District Forum, Panchkula dated 19.6.2013 in C.C. no. 57 of 2012 and enhanced the compensation to be paid to the Petitioner from Rs. 3,000/- to Rs. 10,000/-.

(2.) Briefly put, the facts in the Complaint are: that the Complainants' son availed a loan of Rs. 72,000/- from SBI, the second Opposite Party, under the Prime Minister Rozgar Yojna Scheme ('PMRY Scheme') on 4.9.2002. As security for the said loan, the Bank took two FDRs bearing Nos. 439812 and 439813 dated 1.5.2002, amounting to Rs. 40,000/- each from the Complainants. A receipt for having taken the two FDRs as security was also issued by SBI. Thereafter, the Complainants' son realised that no security is required to be taken by the Bank under the 'PMRY' loan scheme and therefore, he requested the Bank officials to return the two FDRs. Inspite of repeated requests, only one FDR No. 439812 was returned and the other FDR bearing No. 439813 dated 1.5.2002 for Rs. 40,000/-, maturing on 1.5.2003, the maturity amount being Rs. 42,980/-, was never returned, even after the Complainants' son discharged the entire loan amount of Rs. 72,000/-.

(3.) The Complainants made an application to Punjab National Bank, Kalka through State Bank of India, Kalka for transfer of proceeds of FDR No. 439813 to their Account no. 01190004493. This application was duly received by PNB, Kalka on 8.5.2003. The Complainants pleaded that SBI obtained their signatures on blank paper and collected the proceeds of the FDRs in question without their knowledge and consent.