BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE
Dated this the 4th April 2017
PRESENT
SRI VISHWESHWARA BHAT D : HON’BLE PRESIDENT
SMT. LAVANYA M. RAI : HON’BLE MEMBER
ORDERS IN
C.C.No.122/2011
(Admitted on 07.03.2011)
1. P. Vamana Kuduva
2. P. Anandi Kuduva
3. P. Damodara Kuduva
4. Laxminarayana Kuduva
5. P. Devadasa Kuduva
C/o Devadasa Kuduva
C/o Late P. Srinivasa Kuduva
D5, Anugraha Apartment
Near Ware House
Mannagudda
Mangalore Taluk
(Complainants are the legal heirs of
P. Srinivasa Kuduva who passed away
On 20.10.1989 and his wife Smt.
P. Shambhavi Kuduva who died on 9.5.2005
As per the confirmation certificate of
Survivors of the family)
6. Mrs. P. Anuradha Kudva,
W/o. Late P. Laxminarayana Kudva
(Complainant No.4)
7. Mr. Hari Vijay Kudva P.
S/o. Late P. Laxminarayana Kudva
(Complainant No.4)
8. Master Sudharshana P. Kudva,
S/o. Late P. Laxminarayana Kudva
(Complainant No.4), represented by
his mother and natural guardian
Mrs. P. Anuradha Kudva)
(The Complainants No.6 to 8 are the
residents of House No.7.4.474/1,
G.s, Shivam Residential Apartment,
Matadakani Road, Mangalore, D.K.)
(That the complainants No.6 to 8 have been
impleaded to the present complaint as per
the order passed by the Honble D.K.D.F
dated 13.02.2015)
….. COMPLAINANTS
(Advocate for the Complainants: Sri DS)
VERSUS
1. The Chief Manager,
Canara Bank,
Dheeraj Building,
Mahathma Gandhi Road,
2. General Manager,
Canara Bank Circle Office,
Mumbai City,
15th and 14th Floor,
Maker Tower,
E85, Cuffee Parade,
Colaba, Mumbai 4000 005.
3. Canara Bank,
Circle Office,
Balmatta,
Mangalore.
.........OPPOSITE PARTIES
(Advocate for the Opposite Party No.1 to No.3: Sri NKB)
ORDER DELIVERED BY HON’BLE PRESIDENT
SRI. VISHWESHWARA BHAT D:
I. 1. The above complaint filed under Section 12 of the Consumer Protection Act by the complainant against opposite parties alleging deficiency in service claiming certain reliefs.
The brief facts of the case are as under:
Deceased Mr. P Ramachandra Kuduva the brother of complainants and s/o late Mr. P Srinivasa Kuduva and his wife late Mrs. P. Shambhavi Kuduva passed away on 26.6.2002 a bachelor and intestate. He retirement for voluntary as an employee after 32 year of service in Canara Bank. The deceased had held two Fixed Deposits had large sum amount in his SB Accounts were received by his mother. Later it was noticed by complainant No. 4 FDR No. 2726 remains to be paid. But the interest about FD receipts 2725 is having being credit to in the pass book not in within the knowledge of the legal heir Late Mr. P. Shambhavi Kudva the LR of the deceased. On enquiry it was noticed the matter of the said FD are was paid to a third party SB Account. The bank official did make to the third party SB Account No.33325 of Kandiveli West Branch of Canara Bank, Mumbai. The stand of opposite party that it was representation as per instruction of the deceased. The third party SB Account under deposit made cheated the by the officials of opposite party. No convincing reply was given by Divisional Manager of opposite party except for the alleged deposit to the account of Mrs. Vinodhini D Kamath and Damodar M Kamath. On the reverse side of the FDR No. 2725 endorsement is found to premature payment of depositors demand the payment of his FDR amount to SB Account which was also ticked as permitted by the men of opposite party. The objective of the branch have accepted depositor demand of payment of FD to his either his SB Account written on the reverse side of the FD Account No.71961 and 71962 for inexplicable manner the repayment of FD was credited to SB Account under No.33305 with malafide intention. Provisions of section 269 (T) of Income Tax Act were not complied which effecting payment of FDR No. 2725.
2. Opposite parties have initiated for enquiry or investigate of the matter of payment of the said FDR amount against the complainant without intimation of the same to complainant. The rights under succession Act 1925 and C P Act and under order 22 Rule 1 and 2 complainants seeks relief and the direction to opposite party to deposit FD amounts of Rs.3,50,000/ with 12% interest and cost.
II. Opposite party No.3 claims that the transaction was carried out in Mumbai and there is no allegations against opposite party no particular relief is claimed against opposite party No.3 and opposite party No.3 is not necessary party and it is not an office like opposite party No.2. Hence filing of the complaint in Mangalore District Consumer Dispute Redressal Forum has no jurisdiction to entertain. Even according to allegation in the complaint they have already approached other grievance redressal agencies such as Banking Ombudsman, Banking Supervision Division of the RBI, MRO of RBI, Mumbai, The Director of Public Grievance, Government of India after firm replies on these agencies and a false complaint is now filed.
2. It is further claimed deceased Ramachandra Kudva was working as a Manager in Canara Bank took voluntary retirement in 2001 and two FDs one for Rs.3,00,000/ and another for Rs.3,50,000/. On 22.6.2002 Smt. Vinodini Damodar Kamath, P. Damodar Kamath and the Damodar Kuduva i.e. Complainant No.3 approached opposite party No.2 and handed over the deposit receipt of P Ramachandra Kuduva of Rs.3,50,000/ to transfer to SB Account No.33325 of Smt. Vinodini Kamath on 22.6.2002. Later Smt. Shambhavi Kuduva mother of P.Ramachandra Kuduva submitted the claim papers and settled the claim all in her favour in respect of S B Accounts No.71967 od Rs.2,62,942.70, No.71962 of Rs. 14,121.19, No.2726 of Rs.2,98,099. She also submitted a discharge voucher stating the settlement of full and final settlement of all her claims and no further claims against the Bank in respect of the deceased. After Smt. Shambhavi Kuduvas death on 9.5.2005 the complainants repeatedly approached various Forums making allegations against opposite party No.1 and No.2. The claim of Smt. Shambhavi Kuduva during her life time in respect of FD No 2725 for Rs.3,50,000/ for adequately replied. The FD amount was paid to LR on death according to the instructions given by him to opposite party No.1. The claim is filed beyond the limitation and this Forum has no jurisdiction to decide the matter. Hence seeks dismissal of the complaint.
3. To objections of opposite party No.2 rejoinder of complaint is filed. Opposite party No.3 filed objection, the allegation of opposite party No.3 is as the authority branch of opposite party No.1 and No.2 is denied to attract the jurisdiction of this Forum such allegation is made. The allegation of tampering to the effective of the material alteration of denomination of the FDR 2725 is disputed. The non-supply of document to P. Vaman Kuduva, disobeying the CDC order, not answering legal notice are allegations made without any basis. There being no deficiency in service seek dismissal of the complaint.
4. In support of the above complainant Mr. Laxminarayana Kudva filed affidavit evidence as CW1 and answered the interrogatories served on him and produced documents got marked at Ex.C1 to C205 as detailed in the annexure here below. On behalf of the opposite party Mr. S.K.N.Desai (RW1) Senior Manager, Canara Bank, Mumbai and Mrs. Jyoti Rodrigues (RW2) Manager, Canara Bank, Mumbai also filed affidavit evidence and answered the interrogatories served on them and produced documents got marked at Ex.R1 to R22 as detailed in the annexure here below.
III. In view of the above said facts, the points for consideration in the case are:
- Whether this Forum has Territorial Jurisdiction to try the case?
- Whether the complaint is barred by time?
- Whether the Complainant is a consumer and the dispute between the parties?
- If so, whether the Complainant is entitled for any of the reliefs claimed?
- What order?
The learned counsels for both sides filed notes of arguments. We have considered entire case filed on record including evidence tendered by parties. Our findings on the points are as under follows:
Point No. (i) & (ii): Negative
Point No.(iii) & (iv): Does not survive for consideration
Point No.( v) : As per the final order.
REASONS
IV. POINTS No. (i) & (ii): In this case opposite party did raise question as to territorial jurisdiction. The FD was purchased by deceased Ramachandra Kuduva at Mumbai the payment in respect of the FD amount FDR No.2575 purchased on 26.06.2001 by the deceased was transferred to SB Account of 33325 of Vinodini Damodar on 22.6.2002 and the opposite party No.3 is not a functioning office of the opposite party No.3 Canara Bank pertaining to the transaction in question. Hence, it was argued, the complaint before this Forum at Mangalore is not maintainable.
2. However the learned counsel for complainant referred to a reported case on I (2012) CPJ 370 Metro Motors v/s Sham Lal and others in the said case the transaction took place at Mumbai but the complaint was filed before with in the jurisdiction of the Haryana it was held that Forum has no jurisdiction.
3. As pointed out for opposite party that the complainant did not mention where the cause of action for filing the complaint arose.
4. In Consumer Education and Research Society v/s Canara Bank (1991) 1 CPR 405 it is held that dispute of complaint can be filed against Corporation carrying on business within the territory of District Forum or Commission even though the sole or principal office is situated outside the state limits.
5. In the case on hand none of the transactions mentioned by the complainants took place within the jurisdiction of this Forum. Opposite party No.3 is not a party of the transaction. Opposite party No3 is also not a functional office. Hence we are of the view that in view of this fact this Forum has no territorial jurisdiction to try this case.
6. Second point raised by opposite parties is that the complaint is filed beyond the limit of two years. As seen from the complaint the encashment and transfer of the FD amount of Rs.3,50,000/ took place from the account of deceased No.2575 to a third party S B Account took place even as mentioned in the complaint on 22.6.2002 three days before the death of the depositor. Hence the complaint brought in 2011 after the lapse of 9 years in our view is hopelessly barred by time. The claim of complainants that it is a recurring cause of action cannot be accepted in as much as the amount was already transferred on 22.6.2002 itself. There was nothing to be done thereafter either to the depositor or to the LRs on his death of 4 days after the said transfer.
7. In respect of the allegation on behalf of the complainant that the discovery of the fraud and irregularity cannot be justification for delayed filing of the complaint and to condone the delay caused in filing the complaint.
8. Reference was made for complainant to a reported case of National Consumer Disputes Redressal Commission, New Delhi IV (2014) CPJ 167 (NC) State Bank of India v/s Sheo Kumar Sharma in this case it is held:
Consumer Protection Act, 1986 Sections 2(1) (g), 21(b) Banking and Financial Institutions Services Cheque Forgery Fraudulent withdrawal Two cheque books issued Cheating Financial loss Deficiency in service District Forum allowed complaint State Commission partly allowed appeal Hence revision First cheque book was issued in complete violation of guidelines/circular issued by RBI Even the requisition letter not traceable from records of Bank Mere inaction on part of customer for long period of time in not discovering fraud of irregularity, in absence of knowledge, cannot by itself be a defence to defeat customer in action for loss Deficiency proved Directions issued regarding rate of interest.
9. However in the facts and circumstances of the case the complainant produced series of correspondence with opposite party and steps taken before Right to Information Act authorities and other Forums. However in our view these facts cannot save the period of limitation. It is more so considering the allegation if fraud against opposite parties by complainant this Forum cannot go into the question of fraud as it involves serious question of facts to be looked into. Hence on this count also this Forum has no jurisdiction to entertain the complaint.
10. As to the question whether the complainant is a consumer within the meaning of word consumer in 2(1)(d) (ii) of C P Act is concerned reads thus:
d) Consumer means any person who
-
- (hires or avails of) any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who (hires or avails of) the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payments, when such services
are availed of with the approval of the first mentioned person (but does not include a person who avails of such services for any commercial purpose);
(Explanation: For the purposes of this clause, commercial purpose does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self employment;)
11. Learned counsel for complainants referred to a reported case in Dhanbir Singh vs Haryana Urban Development Authority III (2012) CPJ 1 (SC) however as seen from this reported case what is highlighted is that there is no provision in C P Act which bars filing of complaint by consumer after availing other statutory remedies and that if such person falls within the definition of consumer under section 2(1)(d) of Act then he can directly file complaint under Sections 12, 17 and 21 as the case may be.
12. In fact it is not the case of the complainants that they deposited the amount or availed any service of any of the opponents. As such in our considered view complainants do not come with in the definition of the term ‘consumer’ under Section 2 (1) (d) of the C P Act.
13. Learned counsel for complainant referred to the reported case of the Niraj Awasthi (Dr) v/s Jagdish Bharti (Deceased through LRs) (2010) CJ 820 (NC) referring to Sections 2(1)(g), 2(1)(o), 15, 17, 19 and 21 of C P Act and Order 22, Rules 1 and 2 Succession Act, 1925 Section 306 and Section 2(1)(b)(v) of C P Act it was held that the death of the claimant during the pendency of claim application the legal heirs of the deceased claimants were brought on record by legal fiction and as the claim brought by deceased was not a claim for his personal right by legal heirs if deceased too would be beneficiary in case complaint succeeds right to sue in such circumstance is not extinguished with death of claimant. However in our view considering the facts on hand as like in the reported case there is delay in filing the complaint and at no stage of deceased Ramachandra Kuduva available which the complainants neither the complainants nor the mother of the deceased Ramachandra Kuduva could have filed a complaint.
14. However in the case on hand the complainant have not deposited FD Account No.2725 they are also not the LRs in the sense of the term it is their deceased mother who was the legal representative. In any case even according to complainant before the death of the depositor Ramachandra Kudva the amount was transferred from the account of the depositor to the account of the third person’s another account. It is surprising to note the complainants have not made the person to whose account the amounts were transferred even as a formal party to the present case.
15. Thus viewing for many angle we are of the considered opinion that firstly the Forum has no territorial jurisdiction to try the case. Secondly the complaint is hopelessly barred by time. Hence we answer both the points against complainant.
Points No. (iii) & (iv): In view of answer to point No.3 & No.4 these two points does not survive for consideration.
POINTS No. (v): Wherefore the following
ORDER
The complaint is dismissed.
Copy of this order as per statutory requirements, be forwarded to the parties free of cost and file shall be consigned to record room.
(Page No.1 to 13 directly typed by steno on computer system to the dictation of President revised and pronounced in the open court on this the 4th April 2017)
MEMBER PRESIDENT
(LAVANYA M. RAI) (VISHWESHWARA BHAT D)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore. Mangalore.
ANNEXURE
Witnesses examined on behalf of the Complainant:
CW1 Mr. Laxminarayana Kudva
Documents marked on behalf of the Complainant:
Ex.C1: F.D Receipt
Ex.C2: F.D Receipt
Ex.C3: Taluk Office Mangalore family member certificate, Dated 21.07.06
Ex.C4: Letter dated 13.01.04 of P. Shambhavi Kudva
Ex.C5: Letter of P. Shambhavi Kudva dated 04.02.2004
Ex.C6: Letter of P. Shambhavi Kudva dated 16.02.2004
Ex.C7: Letter of P. Shambhavi Kudva dated 09.03.2004
Ex.C8: Letter of P. Shambhavi Kudva dated 29.03.2004
Ex.C9: Letter of P. Shambhavi Kudva dated 06.04.2004
Ex.C10: Letter of P. Shambhavi Kudva dated 07.04.2004
Ex.C11: Letter of P. Shambhavi Kudva dated 22.04.2004
Ex.C12: Letter of P. Shambhavi Kudva dated 05.05.2004
Ex.C13: Letter of P. Shambhavi Kudva dated 18.05.2004
Ex.C14: Letter of P. Shambhavi Kudva dated 25.05.2004
Ex.C15: Letter of P. Shambhavi Kudva dated 28.05.2004
Ex.C16: Letter of P. Shambhavi Kudva dated 09.06.2004
Ex.C17: Letter of P. Shambhavi Kudva dated 14.06.2004
Ex.C18: BSNL letter dated 19.06.2004
Ex.C19: Letter of P. Shambhavi Kudva dated 29.06.2004
Ex.C20: Letter of P. Shambhavi Kudva dated 29.06.2004
Ex.C21: Letter of P. Shambhavi Kudva dated 09.07.2004
Ex.C22: Confirmatory copy of the Phonogram message 12.07.04
Ex.C23: Letter of P. Shambhavi Kudva dated 10.09.2004
Ex.C24: Telegram dated 09.09.2004
Ex.C25: Letter of P. Shambhavi Kudva dated 07.09.2004
Ex.C26: Letter of P. Shambhavi Kudva dated 05.09.2004
Ex.C27: Letter of P. Shambhavi Kudva dated 04.09.2004
Ex.C28: Letter of P. Shambhavi Kudva dated 04.09.2004
Ex.C29: Letter of P. Shambhavi Kudva dated 04.09.2004
Ex.C30: Letter of P. Shambhavi Kudva dated 01.09.2004
Ex.C31: Letter of P. Shambhavi Kudva dated 31.08.2004
Ex.C32: Letter of P. Shambhavi Kudva dated 27.08.2004
Ex.C33: Letter of P. Shambhavi Kudva dated 23.08.2004
Ex.C34: Letter of P. Shambhavi Kudva dated 19.08.2004
Ex.C35: Letter of P. Shambhavi Kudva dated 16.08.2004
Ex.C36: Letter of P. Shambhavi Kudva dated 07.08.2004
Ex.C37: Letter of P. Shambhavi Kudva dated 30.07.2004
Ex.C38: Letter of P. Shambhavi Kudva dated 18.07.2004
Ex.C39: Letter of P. Shambhavi Kudva dated 15.07.2004
Ex.C40: Letter of P. Shambhavi Kudva dated 17.09.2004
Ex.C41: Letter of P. Shambhavi Kudva dated 20.09.2004
Ex.C42: Confirmatory copy of the phonogram message Dated 22.09.2004
Ex.C43: Letter of P. Shambhavi Kudva dated 23.09.2004
Ex.C44: Letter of P. Shambhavi Kudva dated 29.09.2004
Ex.C45: Letter of P. Shambhavi Kudva dated 01.10.2004
Ex.C46: Confirmatory copy of the phonogram message Dated 07.10.2004
Ex.C47: Confirmatory copy of the phonogram message Dated 07.10.2004
Ex.C48: Letter of P. Shambhavi Kudva dated 15.10.2004
Ex.C49: Letter of P. Shambhavi Kudva dated 18.10.2004
Ex.C50: Letter of P. Shambhavi Kudva dated 05.11.2004
Ex.C51: Letter of P. Shambhavi Kudva dated 16.11.2004
Ex.C52: Letter of P. Shambhavi Kudva dated 04.12.2004
Ex.C53: Letter of P. Shambhavi Kudva dated 25.11.2004
Ex.C54: Letter of P. Shambhavi Kudva dated 11.12.2004
Ex.C55: Letter of P. Shambhavi Kudva dated 29.12.2004
Ex.C56: Letter of P. Shambhavi Kudva dated 06.01.2005
Ex.C57: Letter of P. Shambhavi Kudva dated 03.02.2005
Ex.C58: Letter of P. Shambhavi Kudva dated 07.02.2005
Ex.C59: Letter of P. Shambhavi Kudva dated 26.02.2005
Ex.C60: Letter of P. Shambhavi Kudva dated 26.02.2005
Ex.C61: Letter of P. Shambhavi Kudva dated 04.03.2005
Ex.C62: Letter of P. Shambhavi Kudva dated 12.03.2005
Ex.C63: Letter of P. Shambhavi Kudva dated 15.04.2005
Ex.C64: Letter of P. Shambhavi Kudva dated 23.04.2005
Ex.C65: Letter of P. Shambhavi Kudva dated 08.05.2005
Ex.C66: Letter of P. Vamana Kudva dated 15.04.2009
Ex.C67: Central Information Commission Letter dated 03.03.2009
Ex.C68: Public Information Cell Mumbai dated 09.03.2009
Ex.C69: Public Information Cell Mumbai dated 06.09.2008
Ex.C70: Public Information Cell Mumbai dated 26.11.2007
Ex.C71: RTI Section Planning and Development Wing, JC Road Bangalore dated 03.08.2007
Ex.C72: Vigilance Section, Bangalore dated 10.08.2007
Ex.C73: Vigilance Section, Bangalore dated 04.06.2007
Ex.C74: Central Information Commission, New Delhi Dated 02.09.08
Ex.C75: Letter P. Vamana Kudva dated 06.12.2007
Ex.C76: Family Members Certificate dated 21.07.2006
Ex.C77: Public Information Cell Mumbai dated 26.11.2007
Ex.C78: Public Information Cell Mumbai dated 26.11.2007
Ex.C79: Letter P. Vamana Kudva dated 30.01.2008
Ex.C80: Central Information Commission, New Delhi Acknowledgement letter dated 06.07.2007
Ex.C81: Central Information Commission, New Delhi dated 12.11.2007
Ex.C82: Central Information Commission, No. CIC/PB/A/2007/00406 dated 31.03.2007 from P. Vamana Kudva
Ex.C83: List of enclosures (P. Vamana Kudva)
Ex.C84: Letter by Government of India 20.11.2006
Ex.C85: Letter by Reserve Bank of India 03.11.2006
Ex.C86: RTI Order dated 06.11.2006
Ex.C87: Survivor Certificate dated 21.07.2006
Ex.C88: Confirmation Certificate of Survivors of the family Dated 21.07.2006
Ex.C89: The legal representatives suits Act Appendix-17
Ex.C90: Claim application
Ex.C91: Letter of P. Vamana Kudva dated 16.10.2005
Ex.C92: Letter from Canara Bank to P. Vamana Kudva dated 09.12.2005
Ex.C93: Letter from Canara Bank to P. Vamana Kudva dated 17.12.2005
Ex.C94: Letter of P. Vamana Kudva dated 22.02.2006
Ex.C95: Letter of Canara Bank dated 28.02.2006
Ex.C96: Canara Bank RTI Section letter dated 17.04.2007
Ex.C97: Chief P.I.O Letter No. CIC/PB/A/2007/00406 Dated 31.03.2007
Ex.C98: RTI letter from Lalitha Lakshmanan dated 17.04.2007
Ex.C99: RTI application from P. Vamana Kudva dated 21.04.2006
Ex.C100: P.I.O reply dated 20.05.2006
Ex.C101: RTI Appeal filed by P. Vamana Kudva dated 09.06.2006
Ex.C102: Chief P.I.O reply dated 19.06.2006
Ex.C103: RTI application from P. Vamana Kudva dated 04.05.2006
Ex.C104: PIO Canara Bank Mumbai letter dated 23.05.2006
Ex.C105: Annexure 7
Ex.C106: Chief PIO Canara Bank reply dated 20.06.2006
Ex.C107: Government of India letter dated 26.10.2006
Ex.C108: Letter of Government of India dated 20.11.2006
Ex.C109: Letter of C I Commission dated 31.03.2007
Ex.C110: Letter of P. Vamana Kudva dated 18.9.2006
Ex.C111: Index RTI Appeal
Ex.C112: RTI Appeal dated 28.12.2006
Ex.C113: Application under RTI dated 21.04.2006
Ex.C114: Application under RTI dated 04.05.2006
Ex.C115: PIO Mumbai, Canara Bank dated 20.05.2006
Ex.C116: PIO Canara Bank, Bangalore letter dated 23.08.2006
Ex.C117: RTI Appeal from P. Vamana Kudva dated 09.06.2006
Ex.C118: Letter of P. Vamana Kudva dated 15.06.2006
Ex.C119: Chief PIO Canaran Bank, Bangalore letter Dated 19.06.2006
Ex.C120: Letter of P.Vamana Kudva dated 07.09.2007
Ex.C121: Reserve Bank of India Letter dated 02.01.2007
Ex.C122: Reserve Bank of India Letter dated 18.08.2006
Ex.C123: Reserve Bank of India Letter dated 11.05.2006
Ex.C124: Reserve Bank of India Letter dated 17.10.2005
Ex.C125: Reserve Bank of India Letter dated 31.08.2005
Ex.C126: Letter of P. Vamana Kudva dated 23.01.2007
Ex.C127: Letter of P. Vamana Kudva dated 06.09.2006
Ex.C128: Letter of P. Vamana Kudva dated 29.06.2006
Ex.C129: Letter of P. Vamana Kudva dated 04.07.2006
Ex.C130: Letter of P. Vamana Kudva dated 19.04.2006
Ex.C131: Assistant G.M., Canara Bank letter dated 27.03.2006
Ex.C132: Letter of P. Vamana Kudva dated 08.03.2006
Ex.C133: Letter of P. Vamana Kudva dated 24.03.2006
Ex.C134: Letter of P. Vamana Kudva dated 24.01.2006
Ex.C135: Letter of P. Vamana Kudva dated 15.12.2005
Ex.C136: Letter of P. Vamana Kudva dated 20.07.2005
Ex.C137: Letter of Government of India dated 20.11.2006
Ex.C138: Letter of Government of India dated 26.10.2006
Ex.C139: Letter of Government of India
Ex.C140: Letter of Government of India dated 04.10.2006
Ex.C141: Letter of Government of India dated 22.09.2006
Ex.C142: Letter of Government of India dated 11.08.2006
Ex.C143: Letter from P. Vamana Kudva dated 29.01.2007
Ex.C144: Letter of P. Vamana Kudva dated 18.12.2006
Ex.C145: Letter of P. Vamana Kudva dated 11.11.2006
Ex.C146: Letter of P. Vamana Kudva dated 27.10.2006
Ex.C147: Letter of P. Vamana Kudva dated 12.10.2006
Ex.C148: Letter of P. Vamana Kudva dated 29.09.2006
Ex.C149: list of enclosures
Ex.C150: Letter of RBI dated 22.11.2006
Ex.C151: Letter of RBI dated 02.08.2006
Ex.C152: Letter of RBI dated 03.11.2006
Ex.C153: Letter of P. Vamana Kudva to Dr. Rakesh Mohan dated 23.09.2006
Ex.C154: Letter of RBI dated 06.09.2006
Ex.C155: RTI application from P. Vamana Kudva dated 29.07.2006
Ex.C156: Letter of P. Vamana Kudva dated 23.01.2007
Ex.C157: Letter of P. Vamana Kudva dated 04.07.2006
Ex.C158: Letter of P. Vamana Kudva dated 29.06.2006
Ex.C159: Letter of P. Vamana Kudva dated 06.09.2006
Ex.C160: Letter of P. Vamana Kudva dated 19.04.2006
Ex.C161: Letter of Assistant General Manager dated 27.03.2006
Ex.C162: Letter of P. Vamana Kudva dated 24.03.2006
Ex.C163: Letter of P. Vamana Kudva dated 08.03.2006
Ex.C164: Letter of P. Vamana Kudva dated 24.01.2006
Ex.C165: Letter of P. Vamana Kudva dated 15.12.2005
Ex.C166: Letter of P. Vamana Kudva dated 20.07.2005
Ex.C167: Letter of RBI dated 05th September 2007
Ex.C168: Letter of RBI dated 20th June 2008
Ex.C169: Letter of RBI dated 20th May 2007
Ex.C170: Letter of RBI dated 19th February 2008
Ex.C171: Letter of P. Vamana Kudva dated 10.05.2008
Ex.C172: Letter of P. Vamana Kudva dated 28.03.2008
Ex.C173: Letter of P. Vamana Kudva dated 19.01.2008
Ex.C174: Letter of P. Vamana Kudva dated 13.11.2007
Ex.C175: Letter of P. Vamana Kudva dated 27.06.2007
Ex.C176: Letter of P. Vamana Kudva dated 23.03.2007
Ex.C177: Letter of P. Vamana Kudva dated 15.12.2005
Ex.C178: Letter of P. Vamana Kudva dated 07.07.2007
Ex.C179: Letter of P. Vamana Kudva dated 21.03.2007
Ex.C180: Letter of P. Vamana Kudva dated 14.12.2006
Ex.C181: Letter of P. Vamana Kudva dated 05.04.2006
Ex.C182: Letter of P. Vamana Kudva dated 21.03.2006
Ex.C183: RBI Letter dated 3rd November 2006
Ex.C184: RBI Letter dated 22.11.2006
Ex.C185: Annexure-Summary of Investigation report dated 23.06.2001
Ex.C186: Dr. Balabhai Nanavati Hospital to Blood bank
Ex.C187: Invoice Cum Receipt dated 22.06.2002
Ex.C188: Singhi Hospital Receipts
Ex.C189: Dr. M.G. Pillai, Receipt No.5092 dated 01.07.2002
Ex.C190: Dr. Balabhai Nanavati Hospital Indoor Bill/receipt Dated 18.06.2002
Ex.C191: Dr. Balabhai Nanavati Hospital Indoor Bill/receipt Dated 18.06.2002
Ex.C192: Dr. Balabhai Nanavati Hospital Indoor Bill/receipt Dated 03.07.2002
Ex.C193: Dr. Balabhai Nanavati Hospital Indoor Bill/receipt Dated 03.07.2002
Ex.C194: Dr. Balabhai Nanavati Hospital Indoor Bill/receipt Dated 03.07.2002
Ex.C195: Dr. Balabhai Nanavati Hospital Indoor Bill/receipt Dated 03.07.2002
Ex.C196: Dr. Balabhai Nanavati Hospital Indoor Bill/receipt Dated 03.07.2002
Ex.C197: Dr. Balabhai Nanavati Hospital Indoor Bill/receipt Dated 03.07.2002
Ex.C198: Dr. Balabhai Nanavati Hospital Indoor Bill/receipt Dated 03.07.2002
Ex.C199: Dr. Balabhai Nanavati Hospital Indoor Bill/receipt Dated 03.07.2002
Ex.C200: Dr. Balabhai Nanavati Hospital Indoor Bill/receipt Dated 03.07.2002
Ex.C201: Message from Chairman and Managing Director
Ex.C202: From the Desk of the Chief Vigilance officer Anil D Prabhu
Ex.C203: Letter from P. Shambhavi Kudva dated 15.04.2005
Ex.C204: Letter of P. Vamana Kudva dated 07.05.2009
Ex.C205: Letter of P. Vamana Kudva dated 25.02.2010
Witnesses examined on behalf of the Opposite Parties:
RW1 Mr. S.K.N.Desai, Senior Manager, Canara Bank, Mumbai
RW2 Mrs. Jyoti Rodrigues, Manager, Canara Bank, Mumbai
Documents marked on behalf of the Opposite Parties:
Ex.R1: Original claim application form submitted by P Shambhavi Kudva
Ex.R2: Original statement of claim filed by P Shambhavi Kudva
Ex.R3: Original declaration in the case of a Hindu Male dying Intestate submitted by Sri. Ashok Kumar Nayak
Ex.R4: Original Declaration in the case of a Hindu Male dying Intestate submitted by Sri. Nagar Panduranga Nayak
Ex.R5: Original Receipt issued by Shambhavi Kudva with witness of P. Vamana Kudva and P. Laxminarayana Kudva
Ex.R6: Original F.D Receipts
Ex.R7: Original F.D Receipts
Ex.R8: Account Opening form of 2725
Ex.R9: Account Opening form of 2726
Ex.R10
& R11: Computer screen print out of all the blocks related to S. B. Account No.71961 and 71962 (Which is same as Pass sheets of S.B.A/c No.71961 and 71962)
Ex.R12
& R13: Computer screen print out of all the blocks related to FDR No.2725 and 2726
Ex.R14
& R15: Coloured copies of FD Receipts 2725 and 2726
Ex.R16
& R17: Coloured copies of application form of FDR 2725 and 2726
Ex.R18: Coloured copy of the declaration form submitted by Mr. P.R. Kudva (Staff) (Same for both accounts)
Ex.R19
& R20: Coloured copies of Application form No.71961 and 71962
Ex.R21: S.B. Account opening form of S.B. Account No.17380 (Specimen signature card is not in custody of the Bank as the account is already closed by the customer Mr. Suryakanth Purushothambhai Patel).
Ex.R22: S.B. Account opening form of S.B. Account No.11380 (Specimen signature card is not in custody of the Bank as the account is already closed by the customer Shakuntala B.Gudigar and Balakrishna V. Gudigar).
Dated: 04.4.2017 PRESIDENT
