NCDRC

NCDRC

RP/1321/2011

TATA SKY LTD. - Complainant(s)

Versus

G.T. THIPPESWAMY & ANR. - Opp.Party(s)

MR. MANOJ

11 Feb 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1321 OF 2011
 
(Against the Order dated 15/12/2010 in Appeal No. 1406/2010 of the State Commission Karnataka)
1. TATA SKY LTD.
(Through Mr. Cyrus K Elavia), Having its Registered Officea at 3rd Floor, Wadia International Centre (Bombay Dyeing), Pandurang Budhkar Marg, Worli
Mumbai - 400025
Maharashtra
...........Petitioner(s)
Versus 
1. G.T. THIPPESWAMY & ANR.
Plot No. 1, Kalpathru, SB Layout, Main Road, Vidhyanagar
Chitradurga - 577502
Karnataka05/01/2011
2. SHRI RAGHVENDRA MUSIC CENTRE
Vasavi Mahal Road
Chitradurga - 577502
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Ajay J. Nanpalike, Advocate
For the Respondent :NEMO

Dated : 11 Feb 2014
ORDER

Mr. Ajay J. Nanpalike, Advocate has tendered his Vakalatnama on behalf of the petitioner which is taken on record. 2. This revision has been filed by the petitioner- Company which was opposite party No.2 before the Consumer Disputes Redressal Forum, Chitradurga. The complaint was in relation to deficiency in service i.e. alleged disconnection of Tata Sky connection provided to the complainant before the expiry of the period of contract. 3. The District Forum on consideration of the pleadings and the evidence led by the parties allowed the complaint and directed thus: - ) Complaint is partly allowed. 2) Opponents are directed to supply connection to the complainant television, for one month and six days, within one month, from the date of this order. 3) In case of their failure to supply connection, Opponents are directed to refund amount of Rs.2700/- with 10% interest per annum from 19/4/2009 to the date of realization. 4) Opponents are directed to pay compensation of Rs.2000/- towards pain and agony. 5) Opponents are directed to pay Rs.1000/- towards cost. 4. Being aggrieved of the order of the District Forum the petitioner approached the State Commission, Karnataka. State Commission allowed the appeal in part and modified the order of the District Forum thus: - ps are directed to refund Rs.550/- within interest @ 10% P.A. from 19.04.2009 till realization and to pay compensation of Rs.2,000/- and litigation costs of Rs.1000/-. This order is to be complied within 4 weeks from the date of communication. As far as this Appeal is concerned, there is no order as to costs. 5. Since, a paltry sum of Rs.3,550/- only, is involved in the present case, we are not inclined to entertain this petition in view of the decision of the Apex Court in urgaon Gramin Bank Vs. Khazani and another, IV (2012) CPJ 5 (SC), where Apex Court observed; . Number of litigations in our country is on the rise, for small and trivial matters, people and sometimes Central and State Governments and their instrumentalities Banks, nationalized or private, come to courts may be due to ego clash or to save the Officersskin. Judicial system is over-burdened, naturally causes delay in adjudication of disputes. Mediation centers opened in various parts of our country have, to some extent, eased the burden of the courts but we are still in the tunnel and the light is far away. On more than one occasion, this court has reminded the Central Government, State Governments and other instrumentalities as well as to the various banking institutions to take earnest efforts to resolve the disputes at their end. At times, some give and take attitude should be adopted or both will sink. Unless, serious questions of law of general importance arise for consideration or a question which affects large number of persons or the stakes are very high, Courts jurisdiction cannot be invoked for resolution of small and trivial matters. We are really disturbed by the manner in which those types of matters are being brought to courts even at the level of Supreme Court of India and this case falls in that category. The Apex Court further held; 0. The Chief Manager stated in the affidavit that no bill was raised by the counsel for the bank for conducting the matter before the National Consumer Dispute Redressal Commission. We have not been told how much money has been spent by the bank officers for there to and fro journeys to the lawyersoffice, to the District Forum, State Forum, National Commission and to the Supreme Court. For a paltry amount of Rs.15000/-,even according to the affidavit, bank has already spent a total amount of Rs.12,950/- leaving aside the time spent and other miscellaneous expenses spent by the officers of the bank for to and fro expenses etc. Further, it may be noted that the District Forum had awarded Rs.3,000/- towards cost of litigation and compensation for the harassment caused to Smt. Khazani. Adding this amount, the cost goes up to Rs.15,950/-. Remember, the buffalo had died 10 years back, but the litigation is not over, fight is still on for Rs.15,000/-. 11. Learned counsel appearing for the bank, ShriAmit Grover, submitted that though the amount involved is not very high but the claim was fake and on inspection by the insurance company, no tag was found on the dead body of the buffalo and hence the insurer was not bound to make good the loss, consequently the bank had to proceed against Smt. Khazani. 12. We are of the view that issues raised before us are purely questions of facts examined by the three forums including the National Disputes Redressal Commission and we fail to see what is the important question of law to be decided by the Supreme Court. In our view, these types of litigation should be discouraged and message should also go, otherwise for all trivial and silly matters people will rush to this court. 13. Gramin Bank like the appellant should stand for the benefit of the gramins who sometimes avail of loan for buying buffaloes, to purchase agricultural implements, manure, seeds and so on. Repayment, to a large extent, depends upon the income which they get out of that. Crop failure, due to drought or natural calamities, disease to cattle or their death may cause difficulties to gramins to repay the amount. Rather than coming to their rescue, banks often drive them to litigation leading them extreme penury. Assuming that the bank is right, but once an authority like District Forum takes a view, the bank should graciously accept it rather than going in for further litigation and even to the level of Supreme Court. Driving poor gramins to various litigative forums should be strongly deprecated because they have also to spend large amounts for conducting litigation. We condemn this type of practice, unless the stake is very high or the matter affects large number of persons or affects a general policy of the Bank which has far reaching consequences. 14. We, in this case, find no error in the decisions taken by all fact finding authorities including the National Disputes Redressal Commission. The appeal is accordingly dismissed with cost of Rs.10,000/- to be paid by the bank to the first respondent within a period of one month. Resultantly, the Bank now has to spend altogether Rs.25,950/- for a claim of Rs.15,000/-, apart from to and fro travelling expenses of the Bank officials. Let God save the Gramins. 6. Above-quoted observations of the Apex Court, with all force are applicable to the facts and circumstances of the present case. 7. Moreover, both the fora below have given concurrent findings of the fact so far as deficiency in service is concerned. Under these circumstances, as a paltry amount of Rs.3,550/- only is involved, we are not inclined to entertain this revision. However, the question of law raised in this petition, is kept open to be decided in an appropriate case. 8. With the above observations, present revision petition stands disposed of.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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