Date of filing : 25-03-2011
Date of order 24-12-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.73/2011
Dated this, the 24th day of December 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
Bhargavan.P, } Complainant
S/o.Late M.V.Chathukutty,
“Pratheeksha”, Kizhakkankozhuval,
Nilsehwar.
(In Person)
1. General Manager, } Opposite parties
Kasaragod Dist.Co-op.Bank, Kasaragod
2. Senior Manager,
Kasaragod Dist Co-op. Bank Kasaragod.
(Ops 1 & 2.K.Kumaran Nair, Kasaragod)
3. Baby.N, Senior Manager,
Kasaragod Dist. Co-op. Bank,
W/o.Narayanan M aster, R/at Durga Higher
Secondary School, Kanhangad.
O R D E R
SMT.K.G.BEENA, MEMBER
The nutshell of the case of Sri. Bhargavan is that he has availed a loan from opposite party No.1 for starting an STD booth & Photostat. He has started a ‘Gramanidhi’ account for repaying loan regularly. The complainant’s wife had fixed deposit with opposite party No.1 and when she went to withdraw the deposit after maturity. Opposite party No.3 insulted her and saying that the complainant was a defaulter and compelled her to pay an amount of `60,750/- to the complainant’s loan account and the alleged defaulted amount deducted from his wife was not adjusted to complainant’s loan account. But was deposited to Gramanidhi account to help the pigmi agent financially and thus caused financial loss to the complainant. Thereafter also opposite party No.3 insisted the complainant to pay `23,000/- when the due was only `15,000/- on 14-09-2010. The complainant made a complaint before the Higher officials of the Bank. Opposite party No.3 and his man threatened the complainant and his sureties that the bank will conduct ‘auction sale’ of the properties of sureties if they did not withdraw the complaint. Complainant suffered mental agony and financial loss due to the illegal acts of the opposite parties. Hence the complaint for necessary relief.
2. Opposite parties 1& 2 filed version. Opposite party No.3 remained absent. According to opposite parties 1 & 2 complainant and her wife are customers of opposite party No.1. All transactions of the complainant with regard to the GND linked loan were dealt by opposite party No.3 at branch level and no sort of specific sanction or endowment from the head office of the bank is given in this regard. Complainant given a complaint to Deputy General manager on 28-04-2010 and on his enquiry it is found that opposite party No.3 the acts of opposite party No.3 are clear violations of the relevant rules of Gramnidhi account and thus made loss to the complainant. The Deputy General Manager consisted the complainant by saying that the bank will take action against opposite party No.3 and the enquiry is in progress now. Complainant is examined as PW1. Exts A1 & A2 marked both sides heard and documents perused.
3. After considering the facts of the case the following issues were raised for consideration.
1. Whether there is deficiency in service on the part of opposite parties?
2. If so what is the relief?
4. Whether there is deficiency in service on the part of opposite parties?
Here the complainant with the financial aid of opposite parties started ‘Prathisha Graphics’ consisting STD booth and Photostat. The repayment was `300/- per day to Gramanidhi account. That will be credited to loan account. Complainant’s wife had an FD with opposite party No.1 for `75,000/- when she went to withdraw the FD amount after maturity. Opposite party No.3 insulted them as the complainant’s loan is in default and compelled to complainant’s wife Santhakumari to clear the dues. Eventhough the complainant opposed it opposite party No.3 adjusted `60,750/- from the FD amount of Santhakumari to complainant’s Gramanidhi account. Instead of clearing the loan account of the complainant, opposite party No.3 adjusted the amount to the Gramanidhi account and thus made an unlawful gain to Pigmi Agent. Complainant suffered both financially and mentally due to the illegal acts of opposite party No.3. Opposite party No.3 has no right to compel Santhakumari, the wife of the complainant to clear the dues of her husband. This of course shows deficiency of service. Complainant made a complaint before the Deputy General Manager against the illegal acts of opposite party No.3 on 28-04-2010 the Deputy General Manager submitted his report on 3-5-2010.
5. The complainant bonafidely believed that the Deputy General Manager will make an enquiry and will redress his grievance. The Deputy General Manager conducted enquiry and found that accepting a huge amount `60,750/- by a single payment in the GND account and non crediting the same to GND cash credit account of the complainant are clear violations of the relevant rules for the Gramanidhi deposits. The Deputy General Manager is bound to convince all these things (regarding enquiry and his findings) to the complainant. Complainant has every right to know what is happened to his complaint and whether he will get justice. The Deputy General Manager failed to convince the complainant regarding the disciplinary proceedings pending against opposite party No.3. Thereafter also opposite party No.3 and the Pigmi Collection Agent together meet complainant’s office and threatened him to withdraw the complainant otherwise opposite party No.3 will not cooperate with him to close his loan account. They also threatened the sureties of the complainant that the bank will conduct auction sale of their properties. All these incidents shows deficiency of service and unfair trade practice also on the part of opposite parties. Opposite party No.3 has done all these illegal acts misusing his official capacity as the Manager of opposite party Bank. Opposite parties 1 & 2 would have taken proper care and caution about the activities of opposite party No.3 at least after receiving the complaint. During enquiry counsel for opposite parties 1& 2 submitted that they are ready to settle the matter to the extent of their capacity so opposite parties 1 & 2 are exonerated as they had already started disciplinary action against opposite party No.3. Moreover, the complaint is seeking relief only from opposite party No.3.
Therefore the complaint is allowed and opposite party No.3 is personally directed to pay compensation of `10,000/- with cost of `2,000/- within 30 days from the date of receipt this order. Failing which `10,000/- will carry interest @ 9% from the date of complaint till payment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.Photocopy of Cash Credit Account Pass Book.
A2. 14-09-2010 photocopy of cash receipt.
PW1. P.Bharghavan
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
