Date of Filing : 31.01.2012
Date of Order : 03.04.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR
Dated 3rd APRIL 2012
PRESENT
Sri. H.V. RAMACHANDRA RAO, B.Sc., BL, ……. PRESIDENT
Sri. T.NAGARAJA, B.Sc., LLB. …….. MEMBER
Smt. K.G.SHANTALA, B.A., LLB. …….. MEMBER
CC No. 36 / 2009
Sri. K. Narayanappa,
Asst. Teacher,
Govt. Urdu Higher Primary School,
Poolsha Mohalla,
Kolar.
(By Sri. V. Srinivas, Adv.) ……. Complainant
V/s.
1. Block Education Officer,
Kolar Taluk,
Kolar.
2. The Manager,
Corporation Bank,
Kolar.
3. Sri. Sreerama,
S/o. Venkateshareddy,
Pombarahalli, Uttanuru Post,
Mulabagalu Taluk,
Kolar District.
(By Sri. V. Sreedhara Murthy, Adv. for OP2) …… Opposite Parties
ORDER
By Smt. K.G. SHANTALA, MEMBER
The brief antecedents that lead to the filing of the Complainant made u/s. 12 of the C.P. Act seeking direction to the OPs to pay to the Complainant Rs.18,042/- are necessary:
Complainant is an Asst. Master working in Government Urdu Primary School. Regarding arrears of salary of Rs.7,042/- OP1 had received Cheque from the District Treasury on 18.02.2007 to be paid to the Complainant. OP1 had not given the Cheque to the Complainant nor paid that money to the Complainant. Complainant is having S.B. Account No. 20972 with OP2. OP1 had informed the Complainant that he had deposited that Cheque into the account of the Complainant with OP2 and it was informed to the Complainant on 02.05.2007. On verification, it was found that OP1 has not credited the Cheque of the Complainant to the account of the Complainant, but wrongly credited to another account which does not belong to the Complainant, the said amount has been wrongly credited to the account of OP3. Hence, the Complainant is entitled to Rs.7,042/-, expenses of Rs.5,000/- that he has met with and Rs.3,000/- towards Advocate Fees.
2. OPs though served remained absent throughout the proceedings. Sri. VSM had filed Vakalath for OP2 earlier. But, no version is filed. Counsel for the Complainant files a memo stating that Complaint and documents be read as his evidence. Heard.
3. The points that arise for our consideration are:
(A) Whether there is deficiency in service ?
(B) What order ?
4. Our findings are:
(A) Positive
(B) As per detailed order for the following reasons
REASONS
5. In this case, entire case of the Complainant is that the amount of arrears salary was received from the District Treasury by the OP1. OP1 should have credited the amount to the Complainant’s account, but it has not been credited to his account, instead it has been credited wrongly to somebody’s account with OP2. OP1 should have paid the amount to him directly, but to harass him, he has credited the amount to the wrong account. The said statement of the Complainant is fully corroborated by the documents produced by him.
6. In this case, there is no consumer & trader relationship between complainant on one side and Ops 2 & 3 on the other side. It is seen in this record OP3 filed Memo stating that the account does not belong to him. We are concerned with the amount payable by OP1 to the Complainant and it has not been paid. If OP1 has credited the amount to the wrong account, he is doing at his risk, it is for him to get it rectified and recovered from Ops 2 & 3 as the case may be, but that has not been done. OP2 is nowhere answerable to the Complainant in this case. Hence, this is deficiency in service on the part of OP1.
7. If OP1 is interested, he can take the amount either from OP2 or from OP3 or from anybody, to whose account the amount was wrongly credited, for which this order will not come in the way. But, the amount that has to be paid to the Complainant has not been paid. This is highly deficiency in service. Hence, we hold the point accordingly and pass the following order:
ORDER
1. Complaint is allowed in part.
2. OP1 is directed to pay to the Complainant a sum of Rs.7,042/- together with interest thereon @ 12% P.A. from 18.02.2007 until payment within 30 days from the date of this order.
3. OP1 is also directed to pay Rs.2,000/- as costs of this litigation to the Complainant.
4. OP1 is directed to send the amount to the Complainant as ordered at (2) & (3) above by Demand Draft through RPAD and submit to this Forum the compliance report with necessary documents within 45 days.
5. Send copy of the Order to the parties concerned free of cost.
6. Return extra sets to the parties concerned under Regulation 20(3) of Consumer Protection Regulations 2005.
(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 3rd day of April 2012)
T. NAGARAJA K.G.SHANTALA H.V.RAMACHANDRA RAO
Member Member President
