BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri.T.Sundara Ramaiah , B.Com B.L., President

And

Sri. M.Krishna  Reddy , M.Sc., M.Phil., Male Member

Tuesday the 27^th day of July , 2010

C.C. No.140/09                                                                                                                                                                                                                           

Between:

K.Fakruddin, S/o. Late K.Mastan Saheb,

H.No.577, E.Thandrapadu Village, Kurnool Mandal, Kurnool District-518 002.                                 …..Complainant

-Vs-                

1. Andhra Pragathi Grameena Bank, Represented by its Manager,

   D.No.40/33, Zillaparishad Complex, Kurnool-518 001.

2. A.P.S Housing Corporation Limited, Represented by its Assistant Engineer,

   B/B 133, Opposite Birla Gate, Kurnool-518 002.                             ……Opposite PartieS

     This complaint is coming on this day for orders in the presence of Sri.M.Azmathulla, Advocate, for complainant, and opposite parties No.1 and 2 is called absent set ex-parte and upon perusing the material papers on record, the Forum made the following.

ORDER

(As per Sri. T.Sundara Ramaiah, President)

C.C. No.140/09                                                                                                                                                                                                                           

1.     This complaint is filed under section 11 & 12 of the C. P. Act, 1986 praying to direct the OP’s 

(i)     to release  the amount of Rs.2,800/- under the scheme of Indiramma for the year 2006-2007.

(ii)    to award compensation of Rs.50,000/- for causing mental agony  and hardship

(iii)    to award interest @ 36%  from the date of the accident.

(iv)   to award cost of the complainant and 

(iv)   to pass such other reliefs as the Hon’ble Forum deems fit and proper and circumstances of the case.

2.     The case of the complainant in brief is as follows:- The complainant is having his S.B.A/c. 3602 with OP.No.1. The complainant  applied for sanction of amount to OP.No.2 under Indiramma Scheme for the year 2006-2007 . OP.No.2 allotted Rs.2,800/- to the complainant and directed to him to withdraw the amount from OP.No.1 . OP.No.2 sent the release order to OP.No.1 bank on 07-08-2007 . Inspite of several demands OP.No.1 did not release the amount of 2,800/- to the complainant . The complainant brought to the notice of the OP.No.2 in June 2009. On 26-06-2009  OP.No.1 received the said letter  and kept silent. Hence the complaint .

3.     OP.No.1 and 2 set ex-parte. On behalf of the complainant Ex.A1 to A3 are marked and sworn affidavit of complainant is filed.

5.     No written arguments filed.         

6.     The points that arise for consideration are     

(i)       whether there is any deficiency of service on the part of the OPs?

(ii)      Whether the complainant is entitled to the relief as prayed for?

(iii)      To what relief?

7. Point 1& 2:-  It is the case of the complainant that he was sanctioned an amount of Rs.2,800/- under Indiramma Scheme  by OP.No.2 and OP.No.2 sent the said amount to OP.No.1. The complainant  filed Ex.A1 and Ex.A2 to show  that he was  sanctioned  an amount of Rs.2,800/-  under Indiramama Scheme  by OP.No.2 . There is clearly mention in Ex.A1 that the complainant was sanctioned Rs. 2,800/- under the scheme . As seen from  Ex.A1 and A2 it is very clear  that the total amount of Rs.89,000/- was sanctioned by OP.No.2 to several beneficiaries under Indiramma Scheme  and the said amount was sent to OP.No.1 to make payment through their  respective bank accounts. It is clearly mentioned in  Ex.A1 that the complainant  is having  S.B A/c.No. 3602 in OP.No.1 bank. It is further  case of the complainant  that as OP.No.1 did not pay the said amount he approached  OP.No.2 and that OP.No.2 addressed a letter to OP.No.1  on 24-06-2009 . Ex.A2 is the copy of the said letter . In the said letter the OP.No.2 requested the Branch Manager of OP.No.1 to verify  whether the complainant  was paid an amount  of Rs. 2,800/- through his  account . According to the complainant no reply was given by OP.No.1 to OP.No.2 having received the original of
Ex.A2 . In Ex.A3 copy of the account of the complainant there is no mention that an amount of Rs. 2,800/- was credited  in the account of the complainant. Ex.A1 shows that OP.No.1 received the entire amount as mentioned  in Ex.A1. The Ops did not give any explanation  as to why  the amount  of Rs. 2,800/- sanctioned  to complainant was not paid to him  along with other beneficiaries . There is negligence on the part of the Ops .It amounts  to deficiency of service.            

8. Point No:4:-  In the result, the complaint is partly allowed directing Ops jointly and severally to pay an amount  of Rs. 2,800/- to the complainant along with costs of Rs.500/   .

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the  27^th day of July ,  2010.

           Sd/-                                                                 Sd/-

  MALE MEMBER                                                            PRESIDENT

                               APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant : Nil            For the opposite parties :Nil

List of exhibits marked for the complainant:-

Ex.A1        Photo copy of Payment release order, dt.7-8-2007.

Ex.A2.       Photo copy of letter dt. 24-06-2009.

Ex.A3.       Photo copy of S.B. Account pass book of the complainant.

List of exhibits marked for the opposite parties:  Nil

         Sd/-                                                                                       Sd/-

MALE MEMBER                                                            PRESIDENT

// Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties

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