AI Structured Summary
Not yet generated for this judgment
Judgment
THIS is a complaint filed by the occupant of the building known as "Gopal Niwas" situated at Princess Street, Bombay. They formed an Association in the month of April, 1991. The Association raised the funds for carrying out the repairs of building through the Repairs Board Authorities at Bombay. The Association had a saving bank account in the opposite party (hereinafter referred as "bank"). The opposite party is a cooperative bank. The complainant alleged that through the account of their Association Rs. 4,41,000/- has been paid to the Repairs Board Authorities on 24.2.1993 Rs. 1,22,379.64 were lying in their account. The entry of the account is annexed at Exhibit "A". The complainant alleged that the bank refused the withdrawal of the amount to the complainant''s Association from their account. Thereafter the complainant deposited Rs. 2 lacs on 16.11.1992 in the form of cash savings certificate, for a duration of 12 months. The maturity of the certificate is on 16.11.1993. The complainant alleged that the opposite party declined to make payment of the certificate after it maturity. The complainant further alleged that they deposited Rs. 4 lacs on 4.2.1993 under Fixed Deposit Receipt. Thus, in short, the complainant alleged that the total amount of Rs. 8,28,102.63 lying with opposite party but the opposite party refused the complainant to withdraw the same. The complainant therefore, claimed the refund of the aforesaid amount with interest. The complainant also claimed Rs. 1 lac towards compensation, for the loss caused to them since there is hike in the price of the building materials. Thus, there is total claim of Rs. 9,28,102.03.
NOTICE under Sec. 13 of the Consumer Protection Act dated 6.8.1994 which was received by opposite party but no appearance was made before this Commission nor the written version in reply to the allegations was submitted. We therefore, proceeded ex parte against opposite party. The complainant has filed the affidavit in support of his allegations made in the complaint. In absence of written version or denials from opposite party, we see no reason to refuse the complainant''s claim, made in this complaint. We therefore allow this complaint and direct the Swastik Janta Sahakari Bank to pay to complainant the total claim of Rs. 9,28,102.03 within 30 days from the receipt of this order, failing which the entire amount shall carry interest @ 18% p.a. till realisation. The complainant also be paid Rs. 500/- towards costs. Complaint allowed with costs.