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CONSUMER PROTECTION ACT

(Querist) 08 January 2009 This query is : Resolved 
My friend had filed complaint against a bank in 2001 in district consumer forum for repayment of fixed deposits, which were defrauded due to negligence of the bank officials. The complaint was dismissed in 2003. Friend expired in 2003. His wife came to know all these details in 2008. Will it be possible to file appeal in State Forum now, even when it is grossly time barred? Can delay be condoned by State Forum?
What is the other remedy. Bank is a natioalised bank. Can she file writ in High Court to get the amount. Amount with interest is nearly Rs.5.00 lacs.
RAKHI BUDHIRAJA ADVOCATE (Expert) 08 January 2009
Will u please tell me on which grounds that complaint was dismissed?
sanjeev murthy desai (Expert) 08 January 2009
ys you can file appeal before state forum with sufficiant reason for delay.

Firstly find out her name mentioned in the nomenee of her husband account if the other person mentioned in the nominee list he/she can clai that money.

Raj solanki (Expert) 08 January 2009
yes, you can file appeal but it is important to know whether your case was dismissed on merrit or due to non-appearance.the delay of 5 years may be condomed with a sufficient reason and in this regard, several judgements of apex court available.
A. A. JOSE (Expert) 09 January 2009
You have both the options, provided, your friend's wife is the nominee/legal heir of the deceased please.
J K Agrawal (Expert) 10 January 2009
I think Generally in FIXED DEPOSIT agreement there is a term that the FDR will renew automatically again and again. if it is so, your claim is not time barred. You just again raise claim before the Bank. If bank denies again you may file a civil suit or can avail any other suitable action.
PALNITKAR V.V. (Expert) 14 January 2009
The FDRs do not get automatically renewed in every case. Many banks put a condition that if you do not issue instructions for renewal within stipulated time, the FDRs are not renewed. Check what is the condition in your case. Secondly, if the complaint was not dismissed on merits, perhaps you may be able to lodge fresh claim with the bank as Legal Representative and if bank denies you may file fresh complaint. It is not easy to get 5 year's delay condoned. But you may take a chance. You have option to file Civil suit against the bank instead of going to consumer forum.
J. P. Shah (Querist) 16 January 2009
Now banks auto-renew matured term deposit receipts as per authorisation mentioned in account opening form. Since the matter is 10 year old, will not it be time barred for civil suit also.


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