ORIENTAL BANK OF COMMERCE Vs. AJAY CHAUHAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 30.12.2014 passed by the Himachal Pradesh State Consumer Disputes Redressal Commission, Shimla (in short, 'the State Commission') in First Appeal No. 335 of 2014, Ajay Chauhan vs. Oriental Bank of Commerce by which, appeal was allowed.

(2.) Brief facts of the case are that late Shri Devi Saran had made one fixed deposit with the OP/Petitioner bank on 01.06.1992 in the sum of Rs.20,254/-, which was to mature on 01.12.1992. He had another term deposit in the sum of Rs.1,81,500/-, which was to mature on 04.07.1994. The said Shri Devi Saran died on 26.01.1993. Complainant/Respondent applied for succession certificate in respect of the assets and liabilities of the said late Shri Devi Saran. That was issued in his favour on 06.08.2011. He then approached the OP/Bank for payment of the money due against the aforesaid two deposits, as also the money outstanding in the savings bank account in the name of the said Shri Devi Saran. OP bank paid the money with interest for a period of three years beyond the date of maturity of the aforesaid two term deposits whereas he was entitled to be paid interest upto the date of payment of money, without cap of three years. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. Opposite Party resisted complaint and submitted that complaint is not maintainable as complainant received genuine payment from opposite party without any protest. It was further submitted that as per Guidelines of RBI and Circular of opposite party issued in pursuance to RBI Guidelines, payment has been made and there was no deficiency on the part of the opposite party in making payment, hence complaint be dismissed. Learned District Forum, after hearing both the parties, dismissed complaint. Complainant filed appeal before State Commission and learned State Commission vide impugned order allowed appeal and directed opposite party to pay interest on aforesaid deposits in accordance with para 11(c) of the Master Circular 2004 interest rates, against which this Revision Petition has been filed.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.