BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri K.V.H. Prasad, B.A., LL.B., President
Smt C.Preethi, M.A., LL.B., Member
Sri R.Ramachandra Reddy, B. Com., LL.B., Member
Tuesday the 2nd day of May, 2006.
C.C. No.174/2005
Fakruddin Anwar, S/o S.A.Ghani, Aged 48 years, Muslim, Tailor,
R/o D.No.46/486, Budhawarpet, Kurnool.
. . . Complainant
-Vs-
1.The Chief General Manager, Sate Bank of India, Hyderabad Local
Head Office, Bank Street, Hyderabad.
2. The Deputy General Manager, S.B.I,
Zonal Office, Patny Centre, Secundrabad.
3. The Assistant General Manager, S.B.I.,
Region V, Zonal Office, Patny Centre, Secundrabad.
4. The Branch Manager, S.B.I.,
Budhwarapeta, Kurnool.
. . . Opposite parties
This complaint coming on this day for Orders in the presence of Sri M.D.V.Jogaiah Sarma, Advocate, Kurnool for complainant and Sri D.A.A.Ahmad, Advocate, Kurnool for opposite parties No. 1 to 4, and stood over for consideration, till this day, the Forum made the following.
O R D E R
(As per Sri.K.V.H.Prasad, Hon’ble President)
1. This case of the complainant filed under section 12 of C.P. Act, seeking direction on the opposite parties to refund to the complainant Rs.32,839/- lying in the SB Account No.46/7210 with interest at 12% per annum from 8-3-1994 till payment, Rs.20,000/- sent by DD for deposit in SB account No.46/7210 together with interest at 12% per annum from 26-11-96 till payment, Rs.16,000/- and 20,000/- towards the damages and costs respectively and seek such other reliefs which the exigencies of the case demand in the circumstances, alleging the issual of a continuation pass book by opposite party No.4 to the existing SB account No.46/7210 standing on the name of the complainant on 8-11-93 and the balance at credit in said account on 8-3-94 was Rs.34,839.50ps and sent to opposite party No.4 from Soudhy Arabia an amount of Rs.20,000/- under a covering letter dated 12-11-96, vide DD No.10926806 dated 10-11-96 for drawl from Kenara Bank, Kurnool Branch and opening an NRE account with opposite party No.4 in pursuance of the receipt of NRE Account opening form from opposite party No.4 and to credit the same to supra stated SB Account and the opposite party No.4 not crediting the said amount of the complainant and on return from abroad in the year 1997 the complainant opening a new SB Account No.27/10696, on the advice of opposite party No.4 depositing Rs.20,000/- in cash and he was made to understand by the opposite party No.4 that the DD of Rs.20,000/- earlier sent was credited into complainant’s newly opened NRE Account No.1/NRE/160 and did not furnish the information sought as to the outstanding balance in SB Account No.46/17210 and the complainant ultimately filing the missing of ledger sheet of this SB Account No.7210 in ledger No.46, the non response of the opposite party No.3 to the above was brought to his notice and hence the complainant addressing a letter of his grievances on 23-7-2004 to the opposite party No.1 to 3 seeking the needful and the response of the opposite party No.3 vide letter dated 26-7-2004 as to the referring of the matter to the opposite party No.4 and its revert back shortly and the opposite party No.4 requesting the complainant vide its letter dated 31-7-2004 to provide certain information, and on complainant’s visit to the bank there on, the opposite party No.4 insisting the complainant to surrender the original pass book of SB account No.46/7210 and the complainant causing legal notice on 3-9-2004 requiring the settlement of grievances and the opposite parties receiving the said notice not responding to it and the above stated conduct of the opposite parties is not accounting properly to the amounts sent for crediting is amounting to deficiency of service as lead to the financial constraint and mental agony.
2. In pursuance of the receipt of the notice of this Forum as to this case of the complainant, to the opposite parties 1 to 4 caused their appearance through their counsel and contested the case filing the written version of the opposite party No.4 and its adoption by the opposite parties 1 to 3 denying the bonafidies and cause of action to the complainant’s case and thereby their any liability to the claim of the complainant.
3. The written version of the opposite party No.4, adopted by the opposite parties 1 to 3, besides questioning the justness and maintainability of the complainant’s case denying the complainant averments and requiring its strict proof by the complainant. It alleges the opening of the SB Account no.46/7210 on 30-7-1991 by the complainant is a cash remittance of Rs.1,000/- and with no credit transaction there after except the withdrawal of Rs.950/- from said account on 26-8-1991 leaving the balance of Rs.50/- only and the closer of said account on 23-1-95 ultimately for not maintaining the minimum balance and no transaction between 26-8-91and 23-1-95, transferring the balance of Rs.57/- to the commission account and hence deny the eligible balance of Rs.32,839.50ps. in said account. It further alleges that as there was no SB account No. 46/7210 was existing at the time of receipt of the DD No.10926806 dated 10-11-96 for Rs.20,000/-, the proceeds of said DD was kept in banker cheque bearing No.334557 dated 29-11-96 favouring the complainant and the transfer of said bankers cheque amount of Rs.20,000/- into NRE Account No.160 of the complainant opened on 13-12-96 and on permit return of the complainant from abroad to opening of new SB Account No.27/10696 on the name of the complainant and transfer of the amount of NRE Account No.160 into said new SB Account No. On 18-12-97 as the complainant cannot have an NRE Account and hence deny the truth of the allegation of opening said new SB account with a cash remittance of Rs.20,000/-. It alleges that the complainant has made several drawl transactions from said new SB Account No.27/10696 leaving the balance ultimately at Rs.162/- by 10-3-1999 and the closer said account was also on 21-3-2002 for rendering the account inoperative and for maintaining the account without minimum balance, transferring the balance therein to the commission account. Its submits further that the pass book filed by the complainant is containing the papers pasted with cello tape and the entries therein were being metilated with oil and being not clear there are not denying for want of authenticated purported credits. It lastly submits that there being no bonafidies in the claim of Rs.32,839.50ps under SB Account No.46/7210 and of Rs.20,000/- alleged to has given cash remittance to SB Account No.27/10696, deny any deficiency of their service on the part of the opposite parties and of their any liability to the claim of the complainant and there by seek the dismissal of the complaint with costs.
4. In substantiation of the contentions while the complainant’s side has made reliance on the documentary record in Ex.A1 to A13 and its sworn affidavit and replies to the interrogatories, the opposite party side has taken reliance on to the documentary record in Ex.B1 to B11 and sworn affidavit of the opposite party No.4 and replies to the interrogatories.
5. Hence, the point for consideration is whether the complainant has made out the cause of action on the opposite parties and the alleged deficiency of service and there by the liability of the opposite parties to the claim of the complainant.
6. The Ex.A1 pass book of SB Account No.46/7210 – from its perusal and endorsement thereon as “Continuation Pass Book” appears to be a continuation pass book SB Account No.46/7210 issued on 8-11-93 especially when its issual was not denied by the opposite party. It shows some transaction of the withdrawal and deposits in between 8-11-93 and 8-3-96 and a balance of Rs.32,839.50ps by March 8th 1994. The opposite party allege as the said SB Account No.46/7210 remind inoperative after 26-8-91 till 23-1-95 and was without minimum balance the amount of Rs.57/- standing the credit of said account was transferred to commission account on 23-1-95. The Ex.B8 is a ledger of 46/7210 account holding said account on the name of the complainant. Its perusal indicates the commencement of said account with a cash remittance of Rs.1,000/- on 30-7-1991 and a withdrawal of RS.950/- on 26th August 1991 falling the balance to Rs.50/- and there after the said account inoperative without any credit or debit transactions from its account holder except the worked out of periodical interests of bank on said left over balance of Rs.50/- totaling the said balance to Rs.57/- by 28th January 1994 and closer of said account 23rd January 1995 transferring the said balance to commission account.
7. Any entries of debit and credit transactions mentioned in Ex.A1 from 8-11-93 to 8-3-94 are continuation of pass book of account No.46/7210 - finds any place in the Ex.B8. To say that they were intentionally omitted with every dishonest intention by the opposite party in Ex.B8, the complainant has not placed any such cogent material atleast as to the credit cash remittance entries mentioned in Ex.A2. Hence in the absence of any such cogent record discrediting the entries of Ex.B8 the later has to be believed as a document maintained during the course of its business and to hold its bonafidies and worthy less to discredit the contentions of the complainant on said SB Account No.46/7210 and the amount claimed there under. The replies of the complainant to the interrogatories of the opposite party lends any cogent assistance in support of the complainant’s case and in discredit of the opposite party side material. In the circumstances discussed above as there appears any bonafidies to the claim of the complainant as to Rs.32,895.50ps under SB Account No.46/7210 and there by any deficiency of service on the part of the opposite parties to have any of their liability the claim of the complainant as to Rs.32,895.50ps and interest thereon as is not tenable it is dismissed.
8. The Ex.A2 is said to be counter file of cheque No.10926806 dated 10-11-96 of Al-lamas Branch for drawl of Rs.20000/- from Kenara Bank, Kurnool to the credit of Account No.7210/46 of SBI, Budwarpet, standing in the name of Fakruddin (complainant) being remitted by J.Basha. The Ex.A3 is the xerox of the letter in Urdu language bearing its receipt stamp of opposite party No.4 and the Ex.A4 is set to be the English translation of Ex.A3 envisaging the sending of amount there under for depositing in his account and request to send NRE Forms on his name. The receipt of the draft is not deny by the opposite party side and on the other hand admitted and its proceeding on said. Hence the Ex.A3 and A4 remains to have be proved by the complainant to the effect to what its speaks.
9. The Ex.A3 bears at its bottom portion the xerox of bankers cheque No.334557 of opposite party No.4 issued in the name of the complainant on 29-11-96 for Rs.20,000/- as SB Account No.13/7210 not traceable and also shows its transfer to NRE on 13-12-96 with a rubber stamp seal to that effect. The bankers cheque account register at its page No.98 and 93 under dates 13-12-96 at Ex.B3 and B4 yellow colored portion shows issual of said bankers cheque for Rs.20000/- in favour of complainant and lends corroboration to the version of the opposite parties as to the issual of bankers cheque for Rs.20000/- under certain constraint circumstances of the DD could not be credited to the account No.46/7210 of the complainant. There appears any unnaturality in the endorsements found on bankers cheque as account not traceable as from the Ex.B8 ledger entries the said account No.46/7210 was closed sufficiently earlier to the receipt of the DD of Rs.20,000/- by the opposite party No.4 from the complainant. The Ex.B7 dated 29-11-96 cash transfer voucher of the opposite party No.4 as bears an endorsement of “A/c Number not traceable” there appears a more probability under constraint circumstances for purchase of bankers cheque of said amount of Rs.20,000/- by the opposite party No.4 in the name of the complainant. As there is no SB Account bearing No.46/7210 existing on the date of receipt of the DD for Rs.20,000/- for its crediting after its encashment the opposite party No.4 was constrained to covert the proceeds of said DD into a bankers cheque in favour of the complainant. The said remains established by the perusal of said bankers cheque and relevant entries pertaining to it appearing in Ex.B3 and B4.
10. The said bankers cheque No.334557 for Rs.20,000/- dated 29-11-96 was said to have been transferred on 13-12-96 to NRE account of the complainant. The ledger entries of NRE-160 appearing in Ex.B9 envisages the transfer of amount of Rs.20,000/- under bankers cheque No.334557 to said NRE account on 13-12-96 and the same ledger entry dated 18-12-97 shows the transfer of Rs.20,000/- from said NRE account to Account No.27/10696 and there by showing a nil balance in said NRE account and there by the closer of said NRE Account. The said entry in Ex.B9 being the entries made by the opposite party No.4 during its daily course of business transactions they are to be believed till otherwise proved.
11. The Ex.B10 is a ledger of SB Account No.27/10696 standing in the name of the complainant. It envisages the commencement of said account on 18-2-97 with transfer of Rs.20,000/- from NRE account No.160. The entry of Ex.B5 at page No.181 of day book of opposite party No.4 pertaining to the date 13-12-96 at undermind portion shows a debit of Rs.20,000/- from the NRE account No.160 of the complainant. The entry of day book in Ex.B6 at page No.14 at yellow colored portion shows a debit of Rs.20,000/- from NRE account of the complainant on 18-2-97 i.e. on the day of opening the SB account No.27/10696. The entry at Ex.B1 bank transfers scroll at page No.148 at yellow underlined portion at Sl.No.40 shows transfer of Rs.20,000/- from account No.1/NRE/160 on 18-2-97 i.e. on the date of opening of SB account No.27/10696. The entry at Ex.B2 day book at page No.193 pertaining to 18-2-97 at its yellow colour underlined portion shows transfer of Rs.20,000/- to the account No.10696 of the complainant. By all the above what remains clear is that the said account No.10696 of the complainant commenced with transfer of said amount of Rs.20,000/- as stated by the opposite party side but not on any cash remittance of Rs.20,000/- as alleged by the complainant in the absence of any cogent proof of said cash remittance by the complainant. In the absence of any cogent material from the complainant side such as cash remittance voucher or any counter file dated 18-2-97 for Rs.20,000/-, in the circumstances of the material stated above there remains any truth in the contentions of the complainant as to the alleged opening of said account by any cash remittance especially when the complainant did not furnished to the case record the pass book of said account No.27/10696 with its commencement by any cash remittance or any counter file of cash remittance and nothing much comes out from the replies to the interrogatories of the complainant and opposite parties side to the discredit the opposite party side contentions and bonafidies of the opposite party side material.
12. In Ex.A5 to A13 and Ex.B11 as relates to near correspondence not laying any effect on the merits of the opposite parties side contentions and its cogent material.
13. Hence in sum up of the circumstances and material of the record discussed there being hardly any truth in the contentions of the complainant’s claim and alleged deficiency in service on the part of the opposite parties making them liable to make good of the claim of the complainant and on the other hand it appears to be an endavour of the complainant to have the fancy of vexatious speculative litigation sleeping over on the matters years together and trying his luck taking recourse for some cause of action by mere causing of notices at a high time, the case of the complainant remains as a frivolous and vexatious complaint creating any liability on the opposite parties.
15. Consequently the case of the complaint is dismissed for above reasons directing the complainant to pay to opposite party No.4 an amount of Rs.2,000/- as costs within a month of the receipt of this order.
Dictated to the Stenographer, transcribed by him corrected and pronounced by us in the Open Forum this the 2nd day of May, 2006.
PRESIDENT
MEMBER MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant: Nil For the opposite parties: Nil
Exhibits Marked for the complainant:
Ex.A1 Original Pass book relating to S.B A/c No.46/7210.
Ex.A2 Counter foil of the cheque No.010926806, Dt.10-11-96.
Ex.A3 Xerox copy of covering letter, Dt.12-11-96.
Ex.A4 True translation of document.
Ex.A5 Office copy of letter Dt.23-7-2004 addressed by the complainant to
opposite party No.1
Ex.A6 Postal acknowledgement by opposite party No.4 as to Ex.A5.
Ex.A7 Letter, Dt.26-7-2004 by opposite party No.3 to Ex.A5.
Ex.A8 Letter, Dt.31-7-2004 of opposite party No.4 addressed to the
complainant
Ex.A9 Office copy of legal notice, Dt.3-9-2004 to opposite parties No. 1 to 4
Ex.A10 Postal acknowledgement by opposite party No.1.
Ex.A11 Postal acknowledgement by opposite party No.3.
Ex.A12 Postal acknowledgement by opposite party No.4.
Ex.A13 Reply letter, Dt.22-1-2003.
Exhibits Marked for the opposite parties:
Ex.B1 Bank Transfer Scroll page No.148, S.No.40 & 34.
Ex.B2 State Bank of India Day book, Dt.18-2-97 page No.193, showing credit
of Rs.20,000/- A/c No.27/10626 of complainant.
Ex.B3 Banker’s Cheque Account Register, page No.98 pertaining to 13-12-96
RE of 334557, Dt. 29-11-96 of Rs.20,000/-
Ex.B4 Banker’s cheque Account Register, page No.93 showing issued of B.C
No.334557 on 29-11-96 for Rs.20,000/- in favour of complainant.
Ex.B5 Day book of (SBI) entry of the Dt.13-12-96 page No.181 showing credit
of Rs.20,000/-.
Ex.B6 Day book of (SBI) entry at page No.14, Dt.18-2-97 showing debit entry to
NRE A/c No.160 of on the name of complainant.
Ex.B7 Savings Bank pay-in-slip Dt.29-11-96 for Rs.20,000/-
Ex.B8 Original Ledger Sheet of Ledger No.46 of A/c No.7210.
Ex.B9 Original Ledger Sheet of NRE A/c No.160 standing on the name of
complainant credit of Rs.20,000/-
Ex.B10 Original Ledger Sheet of SB A/c No.27/10696 on the name of
complainant.
Ex.B11 Letter, Dt.13-10-2004 addressed by opposite party No.4 Bank in
response to Ex.A9.
PRESIDENT
MEMBER MEMBER
Copy to:-
1. Sri. M.D.V. Jogain Sarma, Advocate, Kurnool
2. Sri. D.A.A. Ahmed, Advocate, Kurnool
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties on:
