BEFORE THE DISTRICT CONSUMER FORUM AT NALGONDA
PRESENT: SRI D.SINGARA CHARY, B.A., LL.B.,
PRESIDENT.
SRI K.VINODH REDDY, B.Sc.,
MEMBER.
. . .
WEDNESDAY, THE ELEVENTH DAY OF JANUARY, 2012
CONSUMER COMPLAINT Nos. 86 to 89 OF 2011
Date of filing:17-11-2011
Date of Disposal:11-01-2012
Between:
Kanneboina Ramalingaiah @ Ramalingam S/o Isthari,
Aged: 23 years, Occ: Agriculture, R/o Ammanabolu Village of
Narkatpally Mandal, Nalgonda District.
…Complainant in CC.No.86/11.
Kanneboina Maramma W/o Isthari, Aged: 45 years,
Occ: Agriculture, R/o Ammanabolu Village of Narkatpally Mandal,
Nalgonda District.
…Complainant in CC.No.87/11.
Pajjuri Bhiksham Reddy S/o Anantha Reddy, Aged: 35 years,
Occ: Agriculture, R/o Pallepadu Village of Narkatpally Mandal,
Nalgonda District.
…Complainant in CC.No.88/11.
Edulakanti Venkataiah S/o Sathaiah, Aged: 40 years,
Occ: Agriculture, R/o Ammanabolu Village of Narkatpally Mandal,
Nalgonda District.
…Complainant in CC.No.89/11.
AND
The Branch Manager, Andhra Pradesh Grameena Vikas Bank,
Ammanabolu Branch of Narkatpally Mandal, Nalgonda District.
…Opposite Party.
This complaint coming on before us for final hearing on 03-01-2012, in the presence of Sri M.Somulu, Advocate for the Complainants, and the Opposite Party being absent, and on perusing the material papers on record, and having stood over for consideration till this day, the Forum passed the following:
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ORDER OF THE FORUM DELIVERED
BY SRI D.SINGARA CHARY, PRESIDENT
1. These complaints were filed Under Section 12 of the Consumer Protection Act, 1986 to direct the Opposite Party to pay the amount covered by the cheques, the details of which are shown in the following tabular, a sum of Rs.50,000/- towards mental agony, a sum of Rs.5,000/- towards transport charges and Rs.5,000/- towards legal expenses in each case.
Sl.No. | C.C.No. | S.B. Account No. of the Complainant | Cheque No. | Date of deposit of cheque | Amount of the cheque |
1. | 86/2011 | 73025718023 | 175618 | 21-05-2011 | Rs.32,717/- |
2. | 87/2011 | 73025701799 | 175619 | 24-05-2011 | Rs.31,344/- |
3. | 88/2011 | 4301 | 175545 | 20-05-2011 | Rs.29,481/- |
4. | 89/2011 | 3533 | 020674 | 26-05-2011 | Rs.30,129/- |
2. The pleas in all these complaints are common. The Complainants deposited cheques issued by Axis Bank, Nalgonda in their favour for being credited to their respective saving bank accounts maintained with the Opposite Party. Inspite of lapse of four months, the Opposite Party did not credit the said amount. The Complainants made many rounds to the bank with no fruitful result. Therefore, they got issued a legal notice to the Opposite Party on 28-09-2011, but the latter paid deaf ear.
3. On issuance of notices, the Opposite Party appeared in person before this Forum on 19-12-2011 and made an oral submission that the amount covered by the above cheques was credited to the
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accounts of the respective claimants. The learned counsel for the Complainants sought time to verify the said fact and, therefore, the matter was posted to 28-12-2011. On 28-12-2011 the learned counsel for the Complainants represented that the amounts covered by the cheques were credited to the account of the Complainants. He, however, submitted that having regard to the delay and mental agony suffered by the Complainants, this Forum may award compensation for the mental agony, legal expenses and transport charges as stated in Para No.1 of this order. Thereafter the Opposite Party did not appear to submit his arguments on the above claims. Therefore, he is treated heard.
4. The point for consideration is:
Whether the Complainants are entitled to compensation,
legal expenses and transport charges as pleaded?
5. POINT:
The amount covered by the cheques is in the neighborhood of Rs.30,000/- each and the Opposite Party had already credited the cheque amount covered by the cheques to the accounts of the respective claimants. The claim of damages of Rs.50,000/- in each case is highly unreasonable compared to the amount covered by the cheque in each case. The inaction of the Opposite Party in getting the amount credited to the accounts deprived the Complainants to utilize the amount for four or five months. Keeping the amount of the cheque and the rate of interest the banks are giving for the amounts
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lying in the Savings Bank namely; 4% p.a., we feel it proper to award a sum of Rs.1,500/- towards compensation for the delayed crediting of the amount and a sum of Rs.500/- can be awarded towards litigation expenses in each case. Thus, the Complainants in each case are entitled for Rs.2,000/-.
In the result, while recording the fact that the amount covered by the cheques was credited to the S.B.accounts of respective Complainants, the Opposite Party is directed to pay a sum of Rs.2,000/- (Rupees Two thousand only) to each of the Complainants within one month from today, failing which the said amount shall carry interest @ 9% p.a. from today till realization.
Dictated to Steno-Typist, transcribed by him, corrected and pronounced by us in the open Forum on this 11th day of January, 2012.
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Complainants: For Opposite Party:
Affidavit of the Complainant None.
in C.C.Nos.86, 87, 88 & 89 of
2011.
EXHIBITS MARKED
For Complainants:
Nil.
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EXHIBITS MARKED
For Opposite Party:
Nil.
PRESIDENT
DISTRICT CONSUMER FORUM
NALGONDA
TO
1). Sri M.Somulu,
Advocate for the Complainants.
2). The Opposite Party.
