BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P. SUDHIR                                       :  PRESIDENT

SMT. R. SATHI                                         :  MEMBER

SMT. LIJU B. NAIR                                  : MEMBER

C.C. No. 539/2013 Filed on 21.12.2013

ORDER DATED: 31.01.2015

Complainant:

 

Sreekumaran Nair, S/o Madhavan Pillai, Aswathy, Madathuvilakom Puthuveedu Mele Perukavu P.O, Thiruvananthapuram-695 573.

 

                                 (Party in person)

Opposite parties:

1. The Secretary, Ananthapuram Service Co-operative Society Ltd. No. T 184, Kaithamukku, Thiruvananthapuram-695 024.

    

2. < >ORDER

    

   SRI. P. SUDHIR:  PRESIDENT

   The case of the complainant is that he has started a daily collection account as account N. 75690 in Ananthapuram Co-operative Society, Kaithamukku branch.  He is conducting a pan shop in PMG Junction.  He used to pay amount through bank’s collection agent till February 2013.  Due to failure in business the complainant was unable to continue the aforesaid account and decided to transfer the account to 6 months deposit.  For the same an application was forwarded through the collection agent.  After a lapse of one week the receipt is not received by the complainant and complainant enquired directly in the bank.  Bank informed the complainant that the amount was collected by the collector.  Complainant filed a complaint which was written by an employee of the bank and he put signature on the same.  Bank manager told that the amount will be paid after obtaining sanction of the committee.  Complainant enquired repeatedly.  Complainant happened to send a letter by post to the 1^st opposite party.  No reply till date.  Complainant has studied up to III standard.  Complainant is aggrieved of the action of the bank in giving the amount to the collection agent on the strength of the form signed by the complainant.  It is against the rules of the bank.  Bank has given Rs. 12,000/- without taking any care and caution.  Hence this complaint seeking relief directing the 1^st opposite party to return the amount of Rs. 12,000/- and interest. 

   1^st opposite party accepted the notice, not appeared.  1^st opposite party set exparte.  Complainant filed authorization letter empowering Sri. K. Ramachandran to conduct the case.  Complainant filed I.A No. 438 A/2014 and as per the order in I.A collection agent Balakrishnan was impleaded as 2^nd opposite party.  Notice sent.  Notice neither returned nor acknowledgement received.  Hence Forum deemed that notice served to 2^nd opposite party and set exparte. 

   Complainant filed affidavit and 2 documents produced marked as Exts. P1 & P2. 

   The points that arise for consideration are:-

   1. Whether there is deficiency in service on the part of opposite parties?

   2. Whether the complainant is entitled for the reliefs sought for?

   3. What is the order as to costs?

   Points (i) to (iii):- Complainant is a petty pan shop owner and it is common to deposit money on daily deposit basis through collection agent of Bank.  Ext. P1 is the daily collection entry receipt card pertaining to Account No. 75690.  The entry shows the payment of Rs. 7,700/- only.  Complainant entrusted the 2^nd opposite party to transfer the amount in his account to 6 months deposit and form was signed by the complainant.  Complainant being a literate of III Std. happened to sign the form given by the 2^nd opposite party.  It is mentioned in the affidavit that the final card showing the balance of Rs. 12,000/- was surrendered to the bank.  Complainant did not receive the F.D receipt after a week and complainant enquired directly with 1^st opposite party.  1^st opposite party told that 2^nd opposite party has collected the amount.  Complainant made a written complaint to 1^st opposite party.  No action was taken by the 1^st opposite party for a complaint made by the customer of the bank.  Complainant happened to send registered letter dated 06.11.2013 to 1^st opposite party.  Opposite party not denied the averments in Ext. P2 by reply letter.  Complainant approached this Forum for redressal from the 1^st opposite party and subsequently 2^nd opposite party was impleaded.  1^st opposite party not appeared before this Forum.  Notice to 2^nd opposite party is deemed to serve and 2^nd opposite party not appeared. 

   There is deficiency of service on the part of 1^st opposite party.  1^st opposite party has to take utmost care and caution in dealing with public money of poor customers.  1^st opposite party has to guard the public money collected through collection agent by getting necessary deposits and guarantees bonds from the collection agent.  2^nd opposite party is getting his remuneration from 1^st opposite party.  2^nd opposite party is the agent of 1^st opposite party.  1^st opposite party is vicariously liable for all the wrongs done by his agent in the due course of employment. 

    

   Hence opposite parties 1 & 2 are jointly and severally liable to pay an amount of Rs. 12,000/- with interest at the rate of 18% from February 2013 to date of realization. 

   In the result, complaint is allowed.  Opposite parties 1 & 2 are directed to pay the complainant Rs. 12,000/- with interest at the rate of 18% from February 2013 till payment and a cost of Rs. 1,000/-.

   A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. 

             Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 31^st day of January 2015.

    

    

   Sd/-

   P. SUDHIR                    : PRESIDENT

    

   Sd/-

   R. SATHI                      : MEMBER

    

   Sd/-

   LIJU B. NAIR                : MEMBER

    

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   C.C. No. 539/2013

   APPENDIX

    

     I      COMPLAINANT’S WITNESS:

                                NIL

    II      COMPLAINANT’S DOCUMENTS:

             P1     - Copy of letter dated 16.11.2013 issued by complainant to 1^st O.P

             P2     - Copy of entry receipt for September & November 2012.    

    

   III      OPPOSITE PARTY’S WITNESS:

                                NIL

    IV     OPPOSITE PARTY’S DOCUMENTS:

                                NIL

    

                                                                                                         Sd/-

   PRESIDENT

    

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