• Regarding not payment of FDR and savings from saraswati co op society ltd

Sir, 
My mother in law aged about 72 years deposited her money in the form FDR in above said bank or society since 10 years. Now the maturity proceeds may be around 30 lacs. Last year she approached to the bank for the withdrawal the amount. But they did not give her the money saying that, during corona period recovery is not forth coming and we will give you as and when recovery come. Till today they have not repaid. Hence in what way I can try to get my FD back. I have already given lawyer notice to the society for the payment 15 days back and also given personal letter to the bank for the payment of the amount 4 months ago. They did not give any reply. Hence 1.Shall I go to the consumer court. If so how many days it will take for the judgement. 2. Whether I can file complaint in police st. If so in which section. 3.Any other way or criminal case to be filed to get my money back. Now she is on the bed.
Asked 3 years ago in Consumer Law

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6 Answers

File complaint against bank before consumer forum and seek orders to direct bank to refund FD amount with interest 

 

also claim litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

- As per law, the said society is bond to refund the FD amount to your mother in law with upto date interest. 

- Further, as you have already sent a legal notice , and got no response , then you should approach the Consumer Forum against that society , and claim compensation as well. 

- It will not take much time to get the amount of FD , 

- Police compliant will nothing to do such matters , if the said society already existed till date .

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Under the new Consumer Protection Act, 2019 your complaint will not take more than six months. You can file criminal against bank under Section 406 of Indian Penal Code, 1860 for criminal breach of trust. These two remedies are sufficient to recover your FD.

 

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

File a writ petition in high court to get back your money. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1.  The case in consumer court may take at least two years to get disposed in the given situation.

2.  Since this is a civil matter the police may not interfere nor they would entertain any complaint because it is a civil matter for recovery of money.

3. Criminal complaint may not help her to recover her amount.

It shall punish the culprits for the offences of cheating, whereas it is a society hence there may not be any proper action against the society by police, therefore it is advisable that you initiate process for recovery through civil court. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Sir/Ma'am

It is advisable to file a complaint in Consumer Forum where you can submit all the evidences against such Bank like the letter and the FD document. Forum will help you get the FD amount back. You can also seek for compensation.

You can file a complaint in State Consumer Forum. 

To file an appeal you need the following:

(a) Documents of record with correct name of all parties and their addresses;
(b) More than four additional copies for each respondent for filing an appeal;
(c) Any conditional delay, interim orders and other petitions to be submitted along with an affidavit; and
(d) A statutory deposit of Rs 25,000 or 50 per cent of the award / compensation amount, whichever is less, is to be made by the appellant / opposite parties. 

Thank You.

 

 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

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