IMPORTANT POINT
Withdraw of Amount - The Complainant cannot be allowed to withdraw the amount which he has not deposited in the bank.

ORDER

Inder Singh Mehta, President—Instant appeals are arising out of the common order dated 15.06.2016 passed by the Learned District Consumer Redressal Forum, Una camp at Bilaspur in Consumer Complaint No.40/2011 titled Chaman Lal Sharma Versus UCO Bank and Anr.

Brief facts of Case:

2. Briefly, the case of the complainant Chaman Lal (since deceased) is that the complainant was holding saving account bearing No.2804 with opposite party No.1/UCO Bank, Branch Kuthera (HP). On 24.11.2009, the complainant had deposited Rs.70,000/- with UCO Bank, Kuthera, for purchase of FDR. The FDR certificate was issued to the complainant on 27.11.2009. The complainant further submitted that after maturity of FDR amount, he approached opposite party No.1/UCO Bank, Branch Kuthera and submitted FDR receipt for release of amount. The complainant was advised by the bank to come on next date, but on next day the bank officials refused to make the payment to the complainant on the ground that the FDR had been wrongly issued in his name on 27.11.2009. Complainant also submitted application to opposite party No.2/Zonal Manager, UCO Bank for release of FDR amount, but no reply was received by the complainant. The complainant alleges unfair trade practice and deficiency in service on the part of the opposite parties/UCO Bank.

3. The complaint has been opposed by the opposite parties/UCO Bank by filing reply. It is submitted that complainant was having Saving Account No.2804 with the opposite party No.1/ UCO Bank, Branch Kuthera. It is further pleaded that the complainant had not deposited Rs.70,000/- in the bank for any FDR. On 24-11-2009, the complainant had come to the bank for opening of FDR of Rs.70,000/- and since there was less amount in his account, the complainant deposited Rs.10,000/- in his account. Thereafter, transfer voucher of Rs.70,000/- was prepared from the account of complainant for the purpose of FDR. Complainant had not paid the cash of Rs.70,000/- to the bank. The amount of transfer voucher of Rs.70,000/- had neither been debited from the Account No. 2804 of the complainant nor the same had been deposited in the bank. The complainant approached the bank with the said FDR and demanded money and the bank officials then came to know that no money had been deposited in the FDR and the system deployed for the purpose also indicated the FDR without money. There is no deficiency in service and unfair trade practice on the part of opposite parties/Banks.

4. Rejoinder reasserting and reaffirming the contents of complaint and controverting the contents of reply, was also filed.

5. The complainant Chaman Lal has filed his affidavit as well as affidavit of Raksha Devi in evidence in support of his pleadings. The complainant was also cross examined on behalf of the opposite parties/bank. The opposite parties/Bank filed affidavit of Rajesh Sharma, its Manager in evidence in defence.

6. After hearing the parties, the Ld. District Commission allowed the complaint against opposite parties/Banks.

7. Feeling aggrieved by the order of the Ld. District Commission, the Appellants/opposite parties/Bank as well as Appellants/complainant have preferred the instant appeals before this Commission.

8. We have heard learned counsel appearing on behalf of the parties and have also perused the entire record carefully.

9. Learned counsel of the appellants (UCO Bank) has submitted that complainant Chaman Lal was holder of saving account No.2804 with the appellants’ bank. Learned counsel of the appellants’ Bank further submitted that the complainant had visited UCO Bank, Branch Kuthera on 24.11.2009 and deposited a sum of Rs.10,000/- in his account. Learned counsel of the appellants’ bank further submitted that allegation of the complainant that he had deposited Rs.70,000/- in his account on 24.11.2009 is totally wrong and is against the factual position in the record. She further submitted that complainant never deposited amount of Rs.70,000/- for the FDR nor any su