GANGA DEVI JOSHI Vs. BANK OF BARODA

JUDGEMENT

(1.) THIS appeal is from the order dated 20. 01. 2005 of the Delhi State Consumer Disputes Redressal Commission, Delhi (in short, the State Commission) in complaint case no. 309 of 1994. By this order, the State Commission partly allowed the complaint of the complainants (appellants before us, and hereafter referred to as the complainants) against the opposite parties/respondents, Bank of Baroda (hereafter referred to as Bob or the bank ). Before the State Commission, the complainants alleged deficiency in service on the part of Bob, viz. , acting against their written instructions requiring renewal of their FCNR (foreign currency non-resident) deposit of Sterling Pounds () 20,000 as Sterling Pound deposit, after the first five-year tenure of the said deposit from 01. 03. 1983. Effectively (though worded differently), their prayer before the State Commission was to direct Bob to renew the said deposit only in Sterling Pounds and not Rupees, for a period of five years from 01. 03. 1988 and also thereafter, with interest at the then applicable rates, until actual payment - in Sterling Pounds. In addition, they sought compensation of 1000 (or, Rs. 50,000) for mental tension and suffering that Bob allegedly caused them in this matter as well as costs of the proceedings. However, the State Commission ordered as under: for the aforesaid lapse on the part of the OP officials we deem that the complainants need to be compensated for the difference of amount in Indian currency vis a vis the FD of FCNR for a period of 3 years w. e. f. 1-3-88 and the FD of Indian currency, i. e. , NRE for the said period. This amount shall be calculated by the OP-Bank and the complainants may accept the amount either in foreign or Indian currency. We also award a sum of Rs. 2000/- to the complainants towards cost of litigation.

(2.) THE undisputed facts of the case are limited:

(3.) THEREAFTER, the dispute started: