Thursday, February 16, 2023

Premature release of fixed deposit on single instruction in joint account is deficiency in service-Supreme Court

Consumer Protection Act, 1986
Section 2 (1) (g)-Complaint- Premature release of fixed deposit- Deficiency in service-F.D. was in the joint names of appellant and his father-Upon F.D. amount maturing for payment, a request was jointly made to respondent-Bank to renew the same for ten days-Bank was whether justified in entertaining the unilateral request of his father for crediting the proceeds to his account-Submission of appellant that there was a clear deficiency of service on the part of respondent-bank- Premature encashment of F.D. is in contravention of the terms and conditions of joint F.D. and would amount to a deficiency of service-A person who avails of any service from a bank will fall under purview of definition of a "consumer"-SCDRC had no jurisdiction to relegate the appellant to pursue his claim before civil court-NCDRC also ought to have entertained the review-Impugned orders set aside-NCDRC directed to dispose of appeal-Further directions issued-Appeals allowed. 

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