NAVODAYA URBAN CO-OPERATIVE BANK LTD. Vs. VIMAL

JUDGEMENT

(1.) These two appeals have been filed under section 19 read with section 21(a)(ii) of the Consumer Protection Act, 1986 passed by the Maharashtra State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in consumer complaints No. CC/15/158 & CC/15/159, allowing the said complaints.

(2.) Briefly stated, the facts are that the complainants in question, Haribhau Naik and Vimal who are husband and wife, made various fixed deposits with the opposite party (OP) Navodaya Urban Co-operative Bank Ltd, Nagpur and fixed deposit receipts (FDRs) to that effect were issued by the Bank. In CC/15/158, the maturity value of the deposits made by the complainant is 32,06,752/- whereas in CC/15/159, the maturity value of the deposits made by the complainant is 20,59,770/-. It is stated that upon maturity of these fixed deposits, the amount in question was credited by the OP Bank in the respective savings accounts of the depositors, but they did not allow them to withdraw the aforesaid amount from their savings bank accounts. The complainants issued legal notice to the OP Bank, but they did not send any reply to the same. The complainants also took-up the matter with the Reserve Bank of India (RBI) and the Commissioner and Registrar, Department of Cooperation, Government of Maharashtra, but to no effect. The consumer complaints in question, were then filed, seeking directions to the OPs to pay the maturity amount to them alongwith interest @12% p.a. and also to grant compensation for mental pain/agony and cost of litigation etc.

(3.) During hearing before the State Commission, an Advocate appeared for the OP Bank and sought adjournment to file the written version of OPs but thereafter, none attended the hearing before the State Commission and also, the OPs did not file their written version. Based on the evidence presented by the complainants, the State Commission allowed the consumer complaints and directed the OPs to pay the amounts in question alongwith interest @12% p.a. from the date of the complaints till realisation. The OPs were also directed to pay compensation of 1 lakh to each of the complainants and 10,000/- as cost of litigation. Being aggrieved against the orders passed by the State Commission, the OP Bank is before this Commission by way of the present appeals.