Andhra Pradesh

Nellore

CC/66/2016

1. Smt. Yekollu suseelamma, W/o Y.Seenaiah alias Srinivasulu late - Complainant(s)

Versus

1. Branch manager, Indian Bank Guduru - Opp.Party(s)

K.Chaitnya Kumar

13 Nov 2017

ORDER

Date of Filing     :27-06-2016

                                                                             Date of Disposal:13-11-2017

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:NELLORE

Monday, this the  13^th day of   NOVEMBER, 2017

 

          Present: Sri Sk.Mohd.Ismail, M.A., LL.B., President

                         Sri K. Umamaheswara Rao, M.A., B.L., Member

 

C.C.No.66/2016

 

1.	Yekollu Suseelamma, W/o.Y.Seenaiah @ Srinivasulu (Late), Agriculturist, Hindu,  Aged about 42 years,  Piduru Village, Manubolu Mandal, SPSR Nellore District.
2.	Gonu  Lijitha,  D/o.Y. Seenaiah @  Srinivasulu (Late), Hindu, Aged about 26 years, Piduru Village,  Manubolu  Mandal,
3.	Yekollu Karthik, S/o.Y. Seenaiah @ Srinivasulu (Late), Hindu, Aged about 23 years, Piduru Village,  Manubolu Mandal, SPSR Nellore District.                                                          ..… Complainants

Vs.

 

1.	Branch Manger, Indian Bank, Guduru, Guduru  Mandal, SPSR Nellore Dstrict, Andhra Pradesh State.
2.	General Manager (CSC), Indian Bank Corporate Office, 254-260,Avvai  Shanmugham Salai, Cehnnai-600014, Tamil Nadu State.                                   .…Opposite parties

                                                             .

          This complaint is coming before us for hearing in the presence of                Sri K.Chaitanya Kumar,advocate for the complainant and                                      Sri  P. Gangadhara Reddy,   advocate for the opposite parties  and having stood over for consideration till this day and this Forum passed the following:

 

ORDER

                       (ORDER BY  Sri.Sk.MOHD.ISMAIL, PRESIDENT)

 

              The complaint filed this complaint  under Section-12   of Consumer Protection Act, 1986 against the opposite parties  1 and 2   to direct the opposite parties   1 and 2 to return  /  release  the said jewellery which is kept as security in opposite party No.1  to the complainants,  to pay Rs.10,000/-  towards  mental agony caused to the complainants,  to pay interest  of Rs.7,300/- @ 24% p.a. on Rs.18,630/- from 26-09-2014 to till date   on which the  complainant repaid the loan and not  for return of  jewellery, costs   and legal expenses of Rs.3,000/- and submits to allow the complaint with costs.

          2.    The brief averments of the complaint are as follows that:-  The husband of the  1^st complainant and the   father of the complainants 2 and 3  has taken agricultural  gold loan of Rs.18,000/-on 11-11-2013 vide  JL.No.6175566110  from opposite party No.1 by keeping jewellery as security for the said agricultural  gold loan.  Subsequently, the said  Seenaiah died on  15-06-2014  hence  complainants who are  the legal heirs of late Y. Seenaiah filed this complaint against the opposite parties.

           The complainants further submitted that the 1^st complainant is  a nominee in the said  SB account of  Y. Seenaiah deceased and also in the  Jewellery Accounts  in opposite party No.1. That the  jewellery kept as security  in opposite party No.1 for the said agricultural loans  is Shridhan Property of 1^st complainant.

          The complainants further submitted that  while  so, the 1^st complainant’s husband died on 15-06-2014 leaving his wife / 1^st complainant, daughter and son as per family members certificate dated 07-11-2014 issued by the competent authrotiy   Tahsildar, Manubolu Mandal, SPSR Nellore District.  Moreover as per House Hold Card issued by  the said  Tahsildar, family consists of  (1) Y. Seenaiah (deceased) (2) Y. Suseelamma (3)  Daughter   (4)  Son only.

           The complainants further submitted that  1^st complainant’s husband  is an Account holder in opposite  party No.1 and agriculturist is also a consumer under Section-2(1)(d) of Consumer Protection Act, 1986.   Services of opposite party No.1  fall  under Section-2(1) (o)  of Consumer Protection Act, 1986.

          The complainants further submitted that  the 1^st  complainant has repaid   the total amount of loan as an obligation on 26-09-2014, Rs.18,630/-.  But  opposite party No.1 has not released / returned jewellery to the 1^st complainant.  Thereafter 1^st complainant several times approached opposite party No.1 and requested orally to release / return the said jewellery.  

          The complainants further submitted that opposite party No.1  committed deficiency  of service by omission of legal duty by  non return / release of jewellery and caused loss of an interest of Rs.7,300/- at 24% p.a. from the date of repayment of loan  dated 26-09-2014 to till date  for the  amount of Rs.18,630/- paid to opposite party No.1.

          The complainants further submitted that  opposite party No.1 harassed and  caused mental agony to complainant amounted to deficiency in service. Hence complainants are entitled to claim compensation  for  mental agony and loss of interest  on sum of Rs.18,630/- under the provisions of  Consumer Protection Act, 1986 and hence submits to allow the complaint with costs.

            3.      The written version of opposite parties 1 and 2  was not received as the opposite parties  1 and 2  filed written version after 45 days.

           4.    On behalf of the  complainants, the  affidavit of P.W.1  filed  and Exs.A1 to A6 marked.

           5.         On behalf of the opposite parties 1 and 2, the affidavit of R.W.1 filed and no documents were marked.

           6.         Written arguments on behalf of the complainant and opposite parties  filed.

          7.       Heard the learned counsels for both parties,

         8.       Perused the  written arguments filed on behalf of the both parties.

         9.       Now the points for consideration are:

        (1)       Whether the complaint filed by the complainants against the opposite

                    parties 1 and 2 under Section-12  of Consumer Protection Act, 1986

                  alleging deficiency of  service is maintainable?

        (2)       To what relief, the complainants are  entitled?

        10.      POINT No.1:The learned counsel for the complainant submits by relying upon  the evidence of  P.W.1  and Exs.A1 to A6 that the husband of the              1^st complainant  and the father of the complainants 2 and 3 borrowed a sum of Rs.18,000/-   by pledging  the gold ornaments  in opposite party No.1 bank and on  26-09-2014, the 1^st complainant   repaid the entire due amount and inspite of  discharging of the  loan amount, the opposite parties 1 and 2 failed to return the gold ornaments which are pledged in the opposite party No.1 bank by pledging by Y. Seenaiah and hence  the complainants filed this complaint  against the opposite parties 1 and 2 to direct them to  release   pledged gold ornaments which are pledged by    late  Y. Seenaiah, to direct the opposite parties to pay the compensation  and a sum of Rs.7,300/- towards interest  @ 24% p.a. on Rs.18,630/-  which was deposited by the complainants on 26-09-2014  and submits to allow the complaint with costs.

           On the other hand the learned counsel for the   opposite parties  1 and 2  submits that  the opposite party  No.1 informing the  complainants  to produce the certificate  of the mother of late Y. Seenaiah and other records  and claim application   signed by all legal heirs  of late  Y. Seenaiah to the opposite party No.1 and as the complainants failed to produce  the said documents, the opposite parties are not  in a position to return the gold  ornaments pledged by                        late Y. Seenaiah and hence  as there is no deficiency of service by the opposite parties 1 and 2 , the complaint filed by the complainants against   the  opposite parties 1  and 2 is not maintainable and submits for the dismissal of the complaint.

        In view of the  arguments submitted by the learned counsels for both parties and as seen from the  Ex.A1 bank pass book is belonging to the husband  of the           1^st complainant and the father of the complainants 2  and 3.  Ex.A2  is House Hold Card and Ex.A6   is Family Member Certificate  shows that the complainants are the legal heirs  of late Y. Seenaiah.  Hence we are of the opinion that the opposite party No.1  can accept Ex.A2 House Hold Card and Ex.A6 Family Member Certificate without insisting   the Succession Certificate.

In   Indian Farmers Fertilizers  Co-operative Limited Vs. Jitendra Kumar reported in  I (2012) CPJ  233 (Raj.)

           Wherein  the  Hon’ble  State Commission   held that “when the beneficiaries  are  the legal heirs  of the deceased succession certificate is not necessary to make a claim.”

            By relying upon the above decision and the contents of Ex.A2  House Hold Card and  Ex.A6  Family Members Certificate, we are of the opinion that  there is no necessity for the complainants to obtain succession certificate and the manager / opposite party opposite party No.1 bank  can accept  Exs.A2 and A6  and the  opposite party No.1  can return the  gold ornaments  which are pledged by the  late Y. Seenaiah at the time of  receiving of loan.  Hence, we are of the opinion that the complaint filed by the complainants   against the opposite parties 1 and 2 has to be allowed.   By relying upon the above decision and the facts of the case, we answer this point in favour of the complainant  and against the opposite parties  1 and 2.

 

        11.    POINT No.2:In view of our answering  on point No.1, the complaint filed by the complainants  against  the opposite parties 1 and 2 has  to be allowed.

         In the result,  the complaint is allowed  and the opposite parties 1 and 2 are directed  to return   the gold ornaments  which are kept by late Seenaiah in the  bank of opposite party No.1 to the complainants 1 to 3 on proper identification.

         The opposite parties 1 and 2  are directed to pay Rs.3,000/- (Rupees three thousand only) towards the  costs of the complaint.

          It is further order that as no notice was issued by the complainants 1 to 3 to the opposite parties 1 and 2 along with required  documents, the claim of the  complainants 1 to 3 claiming compensation and interest on Rs.18,630/- from               26-09-2014 till the date of payment is hereby dismissed without  costs.

           The opposite parties 1 and 2 are directed to comply the order within 30 days on communication of  the same.

          Dictated to Stenographer, transcribed by her corrected  and pronounced by us in the open  Forum, this the  13^th day of  NOVEMBER, 2017.

 

        Sd/-                                                                                     Sd/-

      MEMBER                                                                       PRESIDENT

                                                                       

                                      APPENDIX OF EVIDENCE

 

Witnesses Examined for the complainant

 

P.W.1  -

23-11-2016

Smt.Yekollu Suseelamma,  W/o.Y. Seenaiah @  Srinivasulu (Late) Agriculturist,  Piduru Village, Manubolu Mandal, SPSR Nellore District. (Evidence affidavit filed).

 

Witnesses Examined for the opposite parties

 

R.W.1  -

24-10-2017

Sri T. Durga Prasad, S/o.Appal  Raju, Branch Manger in Indian  Bank, Guduru  Branch, Raja Street, Guduru Town, S.P.S.R.Nellore District (chief affidavit filed).

 

 

                           EXHIBITS MARKED FOR THE COMPLAINANT

 

Ex.A1  -	-	Photostat copy of  Indian Bank pass  book in account No.995594749 in favour of Yekollu Seenaiah.
Ex.A2  -	-	Photostat copy of  Household Card     in favour of  Yekollu Suseelamma and   his family.
Ex.A3  -	11-11-2013	Details  in Account No.995594749 for Rs.18,000/- issued by opposite party No.1.
Ex.A4  -	26-09-2014	Receipt  for Rs.18,630/- in favour of Y Seenaiah issued by the opposite party No.1.
Ex.A5  -	16-07-2014	Photostat copy of Death Certificate  in the name of   Yekollu Srinivasulu @ Seeniaah died on  15-06-2014.
Ex.A6  -	07-11-2014	Photostat copy of me-seva   Family Members Certificate.

                         EXHIBITS MARKED FOR THE OPPOSITE PARTIES

-Nil-

                                                                                      Id/-

                                                                                                      PRESIDENT

 

 

Copies to:

 

1.	Sri K. Chaitanya Kumar, Advocate, Rama Murthy Nagar, 3rd Main Road, House No.16-7-198,  2nd floor, Nellore Town, SPSR Nellore District.
2.	Sri P. Gangadhara Reddy and  Smt.I. Sobha Rani, Advocates, 23/826/1,  Ramesh Reddy Nagar, Nellore-524 003.

 

Date when free copy was issued: