The bank's failure to maintain records leads to liability for non-payment of fixed deposits.

1. Delayed condoned.

2. Challenge in this Revision Petition under S.21(b) of the Consumer Protection Act, 1986 (in short “the Act”) by the Petitioners / Opposite Parties in the Complaint, is to the Order dated 14.12.2017 passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow (in short “the State Commission”) in First Appeal No. 170 of 2011. By the impugned Order, the State Commission has dismissed the Appeal filed by the Petitioners questioning the legality of the Order dated 1.1.2011 passed by the District Consumer Disputes Redressal Forum, Meerut (in short, “the District Forum”) in Consumer Complaint No. 55/2008. By the said Order, the District Forum while allowing the Complaint preferred by the Complainant, had directed the Petitioner Bank to refund a sum of 40,000 to the Complainant towards the value of the Fixed Deposit Receipt along with interest @ 15% p.a from the date of fixed deposit till last payment, pay 10,000 as compensation for mental and economic damage and also to pay a sum of 5,000 as costs towards litigation.

3. The facts material to the case are that when the Complainant was minor, her grand - mother Late Smt. Ganga Devi, opened a Joint Saving Account No. 316000100022400 on 14.2.1984 along with her at Branch Office Saharanpur of the Petitioner Bank. During her life time, she made three fixed deposits of 7,000 on 10.10.1984, 30,000 on 3.10.1988 and 40,000 on 17.1.1990 respectively with the Opposite Party Bank from the said account. The Saving Bank Account was to be operated jointly or severally by Late Smt. Ganga Devi and the Complainant. Smt. Ganga Devi, grand - mother of the Complainant expired on 9.11.1997 and the Complainant became the sole operator of the said Saving Account.

4. In the year 2004, the Complainant came to know that her late grand - mother had made three aforesaid Fixed Deposit Receipts with the Petitioner. Since, the documents relating to the aforesaid FDRs were not available with her, she along with her Brother contacted the Petitioner Bank and enquired about the status of the FDRs in question. On the request of the Complainant’s Brother to verify the FD Account Opening Register and Index Register, they were informed by the Petitioner Bank that more than 8 years old record had been destroyed by them as per the Banking Guidelines and as such record pertaining to these FDRs is not available with them, however, they were not able to produce any such guidelines. On 24.3.2004, the Complainant wrote a letter to the Petitioner Bank enclosing the photocopy of the Pass book of the Saving Account but there was no response from the Petitioner Bank. She sent another letter to the Petitioner Bank on 9.5.2004 to expedite the matter as she was badly in need of money for higher education of her daughter. Vide Letter dated 21.5.2004, the Petitioner Bank requested the Complainant to furnish the complete details of the FDRs giving reference of the Pass Book, however, vide letter dated 24.5.2004 the Complainant denied to have such informed and requested the Bank to look into the matter. Since, there was no reply from the Bank thereafter, the Complainant sent the copies of her earlier correspondence to the Head Officer of the Petitioner Bank at New Delhi and to the Banking Ombudsman Department of the Reserve Bank of India. Finally, she received a letter dated 14.08.2004 from the Petitioner Bank giving details of the encashment of FDRs of 7,000 and 30,000 by Late Ganga Devi during her life time, however, the Petitioner Bank could not furnish the details about the status of the FDR of 40,000 since there was no entry in the Pass Book after 9.8.1990. On 2.8.2007,