K. SURENDRA MOHAN, AJITH KUMAR D., RADHAKRISHNAN. K. R.
Branch Manager Bank of Baroda – Appellant
Versus
Shahul Hameed – Respondent
JUDGMENT
Ajith Kumar D., Judicial Member.—The appellants are the opposite parties in C.C. No. 115/2013 on the file of the District Consumer Disputes Redressal Commission, Ernakulam (District Commission for short). As per the order dated 10.06.2015, the District Commission had allowed the complaint and directed the 1st opposite party to pay 29,268.51 US dollars, with interest @ 18% as per the conversion value as on 06.06.2012 and to pay Rs. 10,000/- as costs. Being aggrieved by the aforesaid order this appeal has been filed.
2. The case of the complainant is that the complainant is maintaining an NRE account with the 1st opposite party since 1993. On 24.05.2011, the complainant had deposited a DD of US Dollars 28762.62 in FCNR Term Deposit for 12 months, so that he could withdraw the amount in US dollars at any time during the said period. During September 2011 the complainant had approached the 1st opposite party for withdrawal of the amount as he was in urgent need of foreign currency and the conversion value had reached Rs. 57/- per dollar. But the Manager told the complainant that the deposit was transferred to forward booking from FCNR term deposit by the previous Manager, and th
Banking Services – Deficiency in Service – Consumer Dispute – Amount deposited by complainant is at the disposal of Bank & service rendered by bank is not a free service.
Liability for non-refund of deposits – A financial institution or entity cannot escape liability for non-refund of deposits by merely denying the transaction or the relationship in its pleadings. Whe....
Bank – The bank should have obtained the consent of the complainant before transferring the amount to the account of M/s Kavya Seeds, but the same was not done.
(1) Real Transactions – Without ascertaining the real transactions which culminated into the withdrawal of the funds no liability could be fastened upon the opposite party.(2) Implead – The complaina....
(1) “Deficiency” – Section 2(11) defines deficiency as any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance which is required to be maintained by or u....
Vicarious liability of the bank for the acts of its employees.
“Any customer who deposits amount under Reinvestment Plan is under assumption that the FDR will be renewed either till he approaches or gives any other specific instruction to the Bank.”
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