Tamil Nadu

North Chennai

84/2014

A.NainarKani,A.Syed Abuthakir - Complainant(s)

Versus

By its Manager,Punjab National Bank, - Opp.Party(s)

S.Natarajan

01 Apr 2016

ORDER

                                                               Complaint presented on:22.04.2014

                                                                   Order pronounced on:01.04.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,          MEMBER II

 

FRIDAY THE 01^st   DAY OF APRIL 2016

 

C.C.NO.84/2014

 

 

1. A.Nainar Kani,

2. A. Syed Abuthakir,                

Partners “parrys Book House”

#: 195 NSC  Bose Road,

Chennai - 01

                                                                                       .....Complainants

 

..Vs..

Punjab National Bank,

By its Manager,

#:15-16 Rattan Bazar 1^st Floor,

NSC Bose Road Branch,

Chennai - 03.

	...Opposite Party

Date of complaint                                   : 29.04.2014

Counsel for Complainant                       :S.Natarajan

Counsel for   Opposite party                     :M/S. S.Rajeni Ramadass

 

 

 

         

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.SC., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainants and his brother A Jamal Mohamed are booksellers doing partnership business in the name of “Parry’s Book House” at No.195, N.S.C.Bose Road, Chennai- 1. The said partnership business was dissolved in the year 2003 and A. Jamal Mohamed was retired from partnership. The Complainants started a new partnership and continued the same business. The Complainants auditor informed the dissolution to the Opposite Party/Bank and the same was acknowledged by the bank.  The Complainants filed a suit against A. Jamal Mohamed before the City Civil Court, Chennai and obtained interim injunction and the said suit is pending.  A. Jamal Mohamed   applied for the statement with Opposite Party and for the same, a sum of Rs.1,200/- was debited from the current account of the  Complainants. The Opposite Party issued statement in violation of banking rules and not maintained the secrecy and Complainants account money wasted and thereby committed Deficiency in Service. Hence this Complaint is filed claiming compensation with costs of the Complaint.

2.WRITTEN VERSION OF THE OPPOSITE PARTY IN BRIEF:

          The Complainants along with their brother Mr.A. Jamal Mohamed   were doing partnership business under the name and style of M/S. Parrys Book House. But the Opposite Party was not aware of the contention of the Complainants that their business got dissolved in the year 2003 and Mr. A. Jamal Mohamed   retired from the partnership and a new partnership was constituted and continued with Mr.A.Nainarand Mr.A.SyedAbuthahir.  The dissolution of their Firm was duly informed to the Opposite Party through the Complainants Auditor is denied. There is no evidence is available to show that the Complainants have intimated to them about the dissolution of their Partnership Firm during the year 2003 or subsequently. The Complainants letter dated 18.08.2014 given to the Opposite Party along with the Trading and Profit & Loss Account and Balance Sheet as on 13.03.2004 which was subsequent to the date of dissolution of partnership indicates that the Complainants along with the said Mr.A. Jamal Mohamed   were the Partners of the firm. The contention of the Complainants that they have informed the Opposite Party about the dissolution of their partnership firm is false and baseless. The Opposite Party is not aware of any suit filed by the Complainants against the said Mr.A. Jamal Mohamed   before the City Civil Court, Chennai. It is true that the statement of account of the Firm parry’s Book House was issued to the said Mr.A. Jamal Mohamed   on 26.12.2013. But the statement of account related to cash credit account of the said firm and not the current account as alleged by the Complainants. Moreover as the information about his retirement from the said firm was not known to the Opposite Party. Therefore an amount of Rs.1,200/- was deducted from the current account of Parry’s Book House towards issue of statement of account of cash credit account. The Opposite Party has not disclosed the information about the Complainants current account details as the statement of account pertaining to cash credit account was given  to said Mr. A. Jamal Mohamed   relating  to misuse of statement of account and lodging of police Complaint as alleged by the Complainants. The Opposite Party has not violated any banking rules as alleged by the Complainant. The Complainant has not made out any case of Deficiency in Service and prays to dismiss the complaint.

3. POINTS FOR CONSIDERATION:

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

          2. Whether the complainant is entitled to any relief? If so to what relief?

4. POINT:1

          The admitted facts are that the Complainants and his brother A. Jamal Mohamed   were doing partnerships business in the name of “Parrys Book House” and they were maintaining an account with the Opposite Party/ bank in the said partnership name and at request of A. Jamal Mohamed, the Statement of Account of the partnership firm was furnished by the Opposite Party, by debiting an amount of Rs.1,200/- from the partnership account.

          5. According to the Complainants, the partnership business was dissolved on 31.03.2003 under Ex.A1, by retiring one of the partner A. Jamal Mohamed   and such dissolution was informed to the Opposite Party by the auditor of the Complainants and after that at request of A. Jamal Mohamed   the Ex.A3 Statement of Account was furnished to him by the Opposite Party is Deficiency in Service.

          6. According to the Complainants Ex.A1 is the dissolution of the partnership deed dated 30.11.2003. No proof filed by the Complainants to show that the dissolution was informed to Opposite Party/Bank by the Complainants Auditor. The Opposite Party categorically denied in the written version that the alleged dissolution of partnership was not informed to him. The Complainants filed proof affidavit of evidence, after filing of written version by Opposite Party and  in the said proof affidavit also the Complainants have not stated or filed any proof with proof affidavit that how the Auditor informed the dissolution of partnership to the Opposite Party. The Opposite Party filed Ex.B1 letter received by him, issued by the 2^ndComplainant with profit and loss account for the year ending 31.03.2004. The said profit and loss account statement contains the name of alleged retired partner A. Jamal Mohamed. Therefore, as per Ex.B1 till 31.03.2004 A. Jamal Mohamed   continued as a partner in the partnership business. Hence it is held that the alleged dissolution was not informed to the Opposite Party, by the Auditor or the Complainants and such is the position, there is no fault on the part of the Opposite Party in furnishing statement to Mr. A. Jamal Mohamed   who is a one of the partner of ‘parry’s Book House”. Therefore it is held that the Opposite Party has not committed any Deficiency in Service.

7. POINT:2

          Since the Opposite Party has not committed Deficiency in Service, the Complainant is not entitled for any relief in this Complaint and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 01^st  day of April 2016.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 30.11.2003                   Partnership deeds

Ex.A2 dated 22.01.2014                   Police Complaint with receipt

Ex.A3 dated 21.01.2014                   Statement of accounts

Ex.A4 dated 25.01.2014                   Letter given by a Jamal Mohamed

Ex.A5 dated 01.02.2014                   Legal notice

Ex.A6 dated 04.02.2014                   Proof of delivery

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY:

Ex.B1 dated  18.08.2004                  Complainant’s letter dated 18.08.2004 along with

                                                    Trading and Profit & Loss Account and Balance               

                                                 Sheet as on 13.03.2004.

 

Ex.B2 dated NIL                     Account Statement

 

 

MEMBER – II                                                               PRESIDENT