Date of Filing:07.11.2008
Date of Order : 13.03.2009
BEFORE THE I ADDITIONAL AND RURAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE - 20
Dated: 13th DAY OF MARCH 2009
Sri. Bajentri H.M, B.A, LL.B., President
COMPLAINT NO. 12 OF 2008
Ganapathi Souhardha Credit
Co-Operative Limited, Court Road,
Doddaballapura 561 203,
Represented by its Honorary
No.480, ASE Complex,
Bangalore Rural District.
. Opposite Party
2. The case of the complainant is as under:-
The complainant is a Credit Co-Operative Bank. The Account Holder of the Bank had deposited cheques in their accounts. In the normal course, the complainant has to send the cheques to the concerned Bank for encashment. The complainant had entrusted a cover containing twenty six cheques of the total value of Rs.3,33,305/- to the Opposite Party for delivery to State Bank of Mysore, Magadi under receipt No.423/2003. The Opposite Party collected the fee as per rate fixed on 05.06.2008. The Account Holders demanded the cheque amount which they had presented to their accounts. The complainant wrote a letter dated:20.06.2008 demanded the Opposite Party to return the cover or to send the same to State Bank of Mysore, Magadi. The Opposite Party gave reply stating that a Bag containing documents of Kunigal and Magadi has been lost at Kunigal Office on 06.06.2008 and a police complaint has been lodged in that regard. When the account holders demanded for the payment of the cheque amount, the complainant paid the same out of its account as all of them are farmers. The Opposite Party failed to return the cover containing the cheques. Legal notice dated:08.08.2008 was issued to the Opposite Party demanding payment of the cheque amount and damages. But the Opposite Party gave untenable reply. Hence, the complaint.
3.In the version, the contention of the Opposite Party is as under:-
The complaint is misconceived and the claim is untenable. The complainant did not disclose the contents of the envelope and value of the goods. The cover entrusted by the complainant and other envelops approximately 200 were lost in transit. They have lodged a police complaint dated:19.06.2008 in Kunigal Police Station regarding the loss of the envelops. The police are investigating into the matter. The complainant has not disclosed as to how it has arrived at Rs.3,33,305/-. The position of the alleged cheques is also not disclosed. The complainant could have given necessary instruction to the bank for stopping payment of those cheques. Even after coming to know about the loss of the envelope, the complainant has failed to take necessary steps to avoid misuse of the cheques. The Opposite Party had given instructions to the Bank to stop payment in respect of 26 lost cheques, details of which were supplied by the complainant and accordingly the Bank has stopped payment of those cheques. The complainant can collect fresh cheques from the Farmers. Even otherwise if the consignment is lost or undelivered, the liability of the Opposite Party is restricted to Rs.100/- only as per the terms specified in the courier slip. Unless the complainant disclosed the details of the consignment it not entitled to claim any compensation. On these grounds, the Opposite Party has prayed for dismissal of the complaint.
4.In support of the respective contentions, both parties have filed affidavits and have produced copies of documents. The complainant has replied the interrogatories tendered by the Opposite Party. Both parties have filed written arguments.
5. The points for consideration:-
1.Whether the complainant has proved deficiency in service on the part of the Opposite Party?
2.Whether the complainant entitled to the relief prayed for in the complaint?
6.Our findings are:-
Point No.1 : In the Affirmative
Point No.2 : As per final order
For the following:-
- The complaint is ALLOWED IN PART.
- The Opposite Party is directed to pay compensation of Rs.100/- towards loss of consignment and cost of Rs.500/- to the complainant. Compliance of this order shall be made within eight weeks from the date of communication.
- Send a copy of this order to both parties free of costs immediately.
- Pronounced in the Open Forum on this the 13th DAY OF MARCH 2009.