Interest on overdue fdr's

assistant Profesoor

The query is about proving details aboutb Judgements By either Supreme Court and or High Courts and or Consumer Courts which would be helpfull in the following situation for geeting till date fixed depost interests along with harassment claim

A man was working as contractor in railways he deposted FDR's in the name of Divsional Accounting officer of the divsion in which he took tender works, but he expired in 1992. His successor his wife obtained Succcession certificate for various asserts left by her husband in 1994 including the payments on tenders and earnst money in the form of FDRs. aThe payments on the tender works was received by the wife from the Railways on submission of succession certificate, However the ofificers in the Railway Division deliberately delayed the release of earnst money deposited in the form of FDRs inspite of repeated efforts till 2011. The release was made possible by filing repeated RTI applications. The wife submitted her claim to banks along with depositing FDrR and cpomplting all the formalities However since the FDRs had matured about more than 20-24 years before, the Banks refused to give Fixed deposts interests rate on the FD. Some banks said that they would only giving simple interest while others giving simple interest citing RBI guidlines that fixed deposit interest rates till 10 years therfore simple interest while others no interest after maturity. Hence the payment on the claim of the wife was not made desipte of the repeated attempts  By the time the women expired without a just conclusion to her claim. Now the banks are assking for fresh succession certificate on the claim from the legal heirs. The legal heirs name were are also mentioned as parties in the succession certificate of 1994.

the question arises here can succession certificate get amended by the legal heirs without paying again any Court fees or filing a fresh succession case since the court fees on the FDR had already been paid by the wife when she got the succession certificate on 1994 and the bank had not made payements even on submsiion of succession certificate.

Are there any jugdments which would be beneficial and can be cited by the surviving legal heirs in getting compounded Fixed deposit interest on the FDRs till date (of 20-24 years) on which the claim had already been filed since the consumer/ legal heirs/ person having sussession certificate were are not at fault as the fixed deposit money was in possession of Banks and railway department also delayed the release of earnest money in form of FDRs till 2011.

where such a case of getting full interest rate as mentioned above on the FD be filled by the litigant in Consumer Court or Civil Court

Advocate, Chennai

If you are aggrieved by the bankers' attitude, you may write to Banking Ombudsman, RBI and your problem will get solved quickly and effectively.




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