Joint Fixed Deposit – “either or survivor”- Lien
banking Service – Bank norms – Joint Fixed Deposit Receipt – Was payable to “either or survivor” – Bank appropriated the amount against the liability of one holder to the Bank – Contract in respect of the joint account was between the respondent bank and the husband and wife – The fixed deposit was not a debt due by the bank to husband alone which could be set off by the bank against any claim that the Bank may have against the husband – Right of the wife could not have been taken away – District Forum directed the Bank to pay half of the matured amount together with interest at 17% per annum thereon as well as Rs.3,000/- towards mental agony suffered and costs Rs.1000/- – Award upheld – Consumer Protection Act, 1986 (68 of 1986) S. 2(g).
(2005) 139 PLR 385 (SC)