Order No. 2 dt. 16/10/2017 The case of the complainant in brief is that the complainant invested an amount of Rs.2 lakhs as fixed deposit for the period of 50-0 days in the o.p. bank. The date of maturity was fixed on 2.7.15. On 15.6.17 the complainant went to the office of o.p. and asked to pay the maturity value of the fixed deposit with upto date interest, but o.ps. did not arrange the payment of maturity amount. Being aggrieved with the said action on the part of o.ps. the complainant filed this case praying for direction upon the o.ps. for releasing the fund in favour of the complainant after considering the expiry of the period of maturity date fixed by the o.p. bank.
In support of the said contention ld. lawyer for the complainant relied on some documents including the photocopies of the fixed deposit receipt. On the overleaf of the said fixed deposit receipt it was mentioned that as per the automatic renewal the fixed deposit which matured in the year 2005 was supposed to remain in fixed for the further period of 500 days and the bank ought to have paid the interest as prevailed during that period. On perusal of the petition of complaint as well as the documents it appears that the bank after the maturity of the amount sent a demand draft to the complainant, but the door was locked and the DD / PO could not be provided to the complainant. The complainant did not give any option to the bank for automatic renewal of the maturity amount and the bank will put the fixed deposit in auto renewal mode only if there is no maturity instruction given by the customer at the time of opening fixed deposit. Since the complainant had already instructed the bank that on the maturity of the fixed deposit proceeds are to be paid to the client, therefore demand draft / payment order, as such, the bank was not in a position to make the fixed deposit on auto renewal after maturity by violating customers instruction. Considering the said fact since the complainant exercised her option for withdrawal of the maturity sum after the expiry of the tenure of fixed deposit, therefore the scope of auto renewal of the fixed deposit as ought to have exercised by the bank could not be accepted. Thus we hold that the case filed by the complainant has got no merit and as such, the same is to be dismissed in limini.
Hence, ordered, That the CC No.299/2017 is dismissed in limini.
[HON'BLE MR. Sambhunath Chatterjee] PRESIDENT [HON'BLE MR. Sk. Abul Answar] MEMBER
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