The court held that an acquittal in criminal proceedings provides a fresh cause of action for consumer complaints regarding disputed fixed deposit amounts, thus overriding limitation concerns.

This complaint has been filed by Subhash Mehta against the opposite party HDFC Bank.

2. Brief facts of the complaint are that the Complainant being NRI, deposited Rs.99,99,024/- with special instructions by demand draft accompanied by other formalities, in Centurion Bank Ltd. now merged with opposite party HDFC Bank. Fixed deposit receipt issued by bank was submitted by complainant for payment but the opposite party raised an issue that receipt was only for Rs.30 lakh & same has been forged by complainant for a higher amount. It was alleged by the complainant that a criminal case was filed by the opposite party bank and the issue has been resolved in criminal complaint where complainant has been acquitted. OP claimed that complainant through letter dated 26.06.2002 had instructed them to transfer a sum of Rs.69,99,024/- to another party. Complainant issued notice several times for releasing the due amount of Rs.32,79,250/- but no response was made. Complainant moved an application dated 20.09.2018 before ombudsman of RBI but the same was refused to be entertained.

3. An original petition was filed by the complainant being OP No.97 of 2005 before this Commission with the following reliefs:-

“a.to pay Rs.1,10,37,051 being the maturity amount of the FDR on 04.07.2003;

b.to pay Rs.39,73,339 accrued interest from 04.07.2003 till the date of filing the complaint @ 18% p.a.

c.to pay Rs.800,000 towards mental tension suffered by the complainant;

d.to pay Rs.3,00,000 towards travelling expenses i.e. coming from Canada to Delhi, loss of income and cost of complaint;

e.pass any other relief which this Hon’ble Commission may deem fit and proper.”

4. On contest this complaint was dismissed on the ground of limitation as well as on merits.

5. The present complaint has been filed seeking following prayers:-

“a.This Hon’ble Commission be pleased to direct the respondent bank to pay a sum of Rs.32,79,250/- being admitted amount of fixed deposit no.0504239 dated 03.07.2002 and interest thereupon @18% per annum compounded with quarterly rests amounting to Rs.5,22,04,710/- till the date of filing and oblige.

b. This Hon’ble Commission be pleased to direct the respondent bank to pay further interest on aforesaid amount at a rate of 18% compounded quarterly till the date of payment from the date of filing this complaint and oblige.

c. This Hon’ble Commission be pleased to direct the respondent bank to pay compensation amounting to Rs.5,00,000/- towards expenses of travel and litigation, Rs.10,00,000/- towards compensation for delayed payment and Rs.10,00,000/- towards mental agony and oblige.

d. This Hon’ble Commission be pleased to direct the respondent bank to pay cost of this litigation and oblige.

e. This Hon’ble Tribunal may be pleased to pass any other and further order as may be found necessary, just and proper in the facts and circumstances of the case and oblige.”

6. Heard the learned counsel for the complainant at the admission stage and examined the record. The learned counsel for the complainant stated that the opposite party has filed a criminal complaint case before the Judicial Magistrate of First Class-I, Vaikom for forgery and fraud. However, the case has now been decided vide order dated 13.04.2018 of the Judicial Magistrate and the complainant has been acquitted against all the charges/allegations made by the opposite party in the FIR. After the complainant has been acquitted, then the present complaint has been filed for the payment of the maturity amount of the F