Tamil Nadu

StateCommission

A/177/2023

The Manager, Indian Bank, Thiruvanmiyur Branch - Complainant(s)

Versus

G. Ravindran & 2 Others. - Opp.Party(s)

M/s RRK Associates

26 May 2023

ORDER

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present:   Hon’ble THIRU JUSTICE R. SUBBIAH  : PRESIDENT

                 THIRU R  VENKATESAPERUMAL          :    MEMBER

 

F.A. No.177 of 2023

(Against the Order passed in C.C. No.159/2022 dated 27.10.2022 on the file of the D.C.D.R.C., Perambalur)

Dated the 26^th day of May 2023

The Manager,

Indian Bank,

Thiruvanmiyur  Branch,

No.5, West Tank Square,

Thiruvanmiyur,

Chennai – 600 041.                       .. Appellant / 2^nd Opposite Party.

 

- Versus –

1. G. Raveendran,

2. R. Sreekala,

 

Both are residing at:

No.1/2, Sunview Apartment,

Thiruveedi Amman Kovil 3^rd Street,

Thiruvanmiyur,

Chennai – 600 041.      .. Respondents 1 & 2 / Complainants 1 & 2.

 

3. The Manager,

Indian Overseas Bank,

No.128, Arch Bishop Arullappa Towers,

Santhome High Road,

Chennai – 600 004.             .. 3^rd Respondent/ 1^st Opposite party.                           

Counsel for Appellant / 2^nd Opposite Party :  M/s. R.R.K. Associates

 

Respondents 1 & 2 /Complainants 1 & 2  :  Served called absent  

                                                               

Counsel for 3^rd Respondent/

1^st Opposite party                                 :   M/s. Sivashanmugam

                The Respondents 1 & 2 as complainants 1 & 2 have filed a complaint before the District Commission against the opposite parties praying for certain directions.  The District Commission had passed an ex-parte order, allowing the complaint.   Against the said ex-parte order, this appeal is preferred by the 2^nd opposite party praying to set aside the order of the District Commission dt. 27.10.2022 in C.C. No.159/2022.

 

                This petition came before us for hearing finally, today.  Upon hearing the arguments of the counsel appearing for appellant and 3^rd respondent, perusing the documents, lower court records and the order passed by the District Commission, this Commission made the following order in the open court.

 

ORDER

 

JUSTICE R. SUBBIAH ,  PRESIDENT  (Open court)

 

1.     The 2^nd opposite party before the District Commission is the appellant herein.

2.     The case of the complainants before the District Commission is that, the complainants 1 & 2 are husband and wife and the 1^st complainant is having Savings Bank Account vide A/c No.147201000000155 with the Indian Overseas Bank, Valmiki Nagar Branch, Thiruvanmiyur since 28.11.1999. The 2^nd complainant is having SB A/c No.601771448 with the 2^nd opposite party since 02.11.2010.  The complainants are running a shop at Thiruvanmiyur for their livelihood.  The 1^st complainant deposited a cheque bearing No.148405 for a sum of Rs.1,00,000/- in favour of his wife at the 2^nd opposite party Bank on 14.09.2017.  The said cheque has be to credited in the 2^nd complainant’s account within a day as it is a local cheque.  But to the surprise of the complainants, the cheque amount has not been credited into the 2^nd complainant’s account till 17.09.2017.  Hence on 17.09.2017, when the 1^st complainant approached the Indian Overseas Bank, Valmiki Nagar Branch, Thiruvanmiyur, he was informed that the cheque was duly encashed over the counter from the 1^st opposite party.   The complainants were surprised to note that the cheque which was presented into the 2^nd opposite party bank account at Thiruvanmiyur was encashed to a third party namely;Mr. R. Sreerajan of the 1^st opposite party bank.  Immediately, the complainants approached the 2^nd opposite party and gave a complaint with the 2^nd opposite party asking for an explanation with regard to the presentation of the said cheque.  The complainants have also produced the proof of the deposit of cheque with the 2^nd opposite party.  The 2^nd opposite party after verification with the CCTV Footage, informed the complainants that they will initiate an enquiry.  Even after repeated requests and demands of the complainants, there is no reply from the 2^nd opposite party.  Hence, on 09.10.2017, the complainants approached the Banking Ombudsman and have produced all the relevant copies but there is no response.  On 27.02.2018, the Banking Ombudsman rejected the complainants’ complaint.  The act of the opposite parties had caused great mental agony to the complainants.   Thus, alleging deficiency of service on the part of the opposite parties, the complainants have filed the complaint before the District Commission claiming refund of the amount of Rs.1,00,000/- along with interest at the rate of 12% from 14.09.2017 till realization, Rs.4,00,000/- towards compensation for mental agony and deficiency in service with cost of Rs.5,500/- to the complainants. 

 

3.     The opposite parties 1 & 2 were set exparte before the District Commission for non-filing of written version.  Consequently, the District Commission passed an ex-parte order directing the opposite parties 1 & 2 jointly and severally to refund the cheque amount of Rs.1,00,000/- with interest at the rate of 9% p.a. from 14.09.2017 till the date of realization and to pay a sum of Rs.30,000/- towards compensation for mental agony with cost of Rs.5,000/- to the complainants.

4.     Aggrieved over the said order, this appeal is preferred by the 2^nd opposite party praying for setting aside the order and for a chance to contest the case on merits. 

5.     Before this Commission, the counsel for the appellant/ 2^nd opposite party submitted that there is no deficiency of service on the part of them and that they have got valid defence and a fair chance of succeeding the complaint.  Further, the appellant / 2^nd opposite party submitted that initially the case was filed before the District Consumer Commission, Chennai (South) during the Covid 19 Pandemic period.   Subsequently, due to the administrative reasons, the said case was transferred to District Consumer Commission, Perambalur.  It was informed by the District Consumer Commission, Chennai (South) that a New Consumer Case Number and Date of Hearing will be intimated to the Bank in writing by the District Consumer Commission, Perambalur.   But the bank has not received any communication regarding the new CC number and notice of hearing.   In the mean time, the appellant / 2^nd opposite party was set exparte on 27.10.2022.  Thus, the Counsel for appellant / 2^nd opposite party prayed to set aside the exparte order of the District Commission and to grant an opportunity to contest the case on merits.

 

6.     When the case had come up before this Commission on 17.05.2023, after hearing the submission of the appellant and 3^rd  respondent, this Commission had felt that there is some force in the arguments of the counsel for the appellant /2^nd opposite party and therefore, in order to give a chance to the 2^nd opposite party to agitate their right on merits, was inclined to allow this appeal by remanding the matter to the District Commission, to dispose of the case on merit.   However, considering the lethargic attitude of the opposite parties, in not appearing before the District Commission, we imposed a cost of Rs.3,000/- to be paid to the Legal Aid Account of the State Commission on or before 25.05.2023.   Today, when the matter appeared in the list it was reported that the condition imposed by this Commission has been complied with.    Hence, this appeal is allowed today by remanding back the complaint to the District Commission for fresh disposal according to law. 

         In the result, the appeal is allowed by setting aside the order of the District Commission, Perambalur in C.C. No.159/2022 dt.27.10.2022, and the matter is remanded back to the District Commission, Perambalur for fresh disposal according to law and on merits.

 The District Commission is directed to dispose of the complaint within three months from the date of appearance, according to law and on merits.

The amount deposited by the appellant / 2^nd opposite party shall remain in the custody of this Commission, till the disposal of the original complaint.

 

 

 

   R  VENKATESAPERUMAL                                                                                                               R. SUBBIAH

                 MEMBER                                                                                                                                 PRESIDENT

 

 

Index :  Yes/ No

 

 

 

 

KIR/SCDRC/Chennai/Orders/May/2023