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2023 Supreme(SC) 1296

ARAVIND KUMAR, S. RAVINDRA BHAT
Leelawati Devi – Appellant
Versus
District Cooperative Bank Ltd. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Neeraj Shekhar, AOR Dr. Sumit Kumar, Adv. Mr. Chandra Pratap, Adv. Mr. Karan Tomar, Adv. Mr. Animesh Kumar, Adv. Mr. Murari Kumar, Adv. Mr. Nishant Kumar, Adv.

ORDER

1. The record indicates that the sole respondent refused to accept notice. In the circumstances, service is deemed complete.

2. Leave granted. The appellant had approached the District Consumer Forum claiming that the deposit of Rs. 1,60,000/- (Rupees One Lakh & Sixty Thousand) made by her, with the respondent – District Cooperative Bank Ltd., Durga Kund Branch, Varanasi (hereinafter referred to as the “Bank”) was not permitted to be encashed. The Consumer Forum allowed her complaint and directed a refund of the amount in question along with 15% interest and Rs. 25,000/- as a fine/compensation. The bank approached the National Consumers Disputes Redressal Commission (hereinafter referred to as “NCDRC”) in revisional proceedings. The revision was allowed by the impugned order.

3. The relevant part of the findings recorded by the N.C.D.R.C. are as follows:

    “6. That it is specifically stated that in this particular case, the original F.D.Rs. were issued on 10.07.1993 but the Day Book and supplementary book of the appellant- bank do not show any amount to have been deposited in the fixed deposit on 10.07.1993 and thus the said F.D.Rs. have been obtained by respondent No. 1 in a frau

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