BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.500/09
Dated this the 30th day of March 2012
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Smt. Jayasree Kallat, M.A. : Member
Sri. L. Jyothikumar, B.A., LLB. : Member
ORDER
By G. Yadunadhan, President:
The petition was filed on 26-11-2009. The case of the complainant is that the complainant had submitted an article before Amnesty International regarding Human Rights. For submitting the same complainant has got an E.Mail from the Amnesty International that he is eligible to get an amount of Rs.10.5 Million U.S. Dollar on condition that the complainant has deposited Rs.6000/- in their account. As per this instruction complainant approached the opposite party and submitted all the relevant records and an amount of Rs.6000/- also entrusted to the Manager of opposite party by way of cheque on 3-10-08. On the next day itself these details sent to the Senator. But till 6-10-08 the account was not activated. The account was activated only on 16-10-08. Due to the deficiency of service by the opposite party complainant had lost 10.5 Dollar. Therefore the complainant is seeking relief against the opposite party to pay a compensation of Rs.20,000,00/- along with cost.
Oppositeparty after serving notice and entered in appearance and filed their version stating that the complaint is not maintainable. All allegations contained in various paragraphs of the complaint are totally false and do not have been any truth. Knowingly or unknowingly this opposite party has attempted taking money from the account of an innocent customer of the bank at the instance of international fraud gangs operating from Nigeria. The complainant being a practicing lawyer ought to have applied caution and care before falling into the net of such fraud gangs. Further stating that the claim of the complainant that he had written an article regarding the Violation of Human Rights and sent to organizations like Amnesty International and United Nations Organisations are not admitted by this opposite party. Further averments that the said article was approved by the Nigerian Senate and that he was nominated for an award of 10.5 Million U.S. Dollar that was informed by Senator Daniel Mura etc. are false. It is not known why the organizations of the award had insisted the complainant to open an account with H.D.F.C. Bank. It may be true that on 3-10-09 the complainant had submitted an account opening application. But for opening an account with Banks, some formalities are to be followed. The complainant was allotted Account No. 06711530003456 and it is seen that the account was activated on that day itself by crediting the initial payment of Rs.6000/-. This opposite party has never assured anyone that he could open an account immediately on making application. An account can be opened only on verification of certain documents. If the account was not activated on 6-10-2008 and the complainant could not deposit the amount in that account to be transferred to the fraud gangs, the complainant should be lucky for that. The statement of the complainant that due to the delay in activating the account he had suffered loss to the tune of Rs.10.5 Million U.S. Dollar is totally false. The complainant has not suffered any loss as claimed. Therefore complaint is liable to be dismissed with compensatory costs.
Points for consideration (1) Whether any deficiency on the part of opposite party? (2) Whether the complainant is entitled to get any compensation from opposite party, if so what is the relief and costs.
The complainant was examined as PW1 and Exts. A1 to A5 were marked. Opposite party was examined as RW1 and documents produced and marked as Ext. B1 to B3.
Ext.A1 is the copy of the e.mail which are the communications with the complainant. Ext.A2 is the communication between the complainant and the opposite party. It is very clear that the complainant prepared to open an account before opposite party is to collect some amount offered from Nigerian Senate. Opposite party admitted that the account application received on 3-10-08 along with relevant documents. But according to opposite party all these documents should be verified. Then only the account can be opened. After verification of the records the account was opened on 3-10-08 itself. But the account was activated only on 6-10-08. The activation of the account had some delay which was admitted by opposite party itself. The reason stated that due to some verification of relevant documents delay was occurred. It cannot be acceptable because all the documents verified and accepted on 3-10-08 itself. According to the complainant he has received an e.mail from the Senator Danial Nura from Nigeria that they are prepared to sent 10.5 Million U.S. Dollar to the complainant. For that complainant should open a new account in H.D.F.C.Bank and deposit Rs.6000/-. Why the senate compelled to open an account before the H.D.F.C. bank was not explained by the complainant or not produced any documents before this Forum. Complainant himself admitted while his cross examination that he has not enquired properly whether it is recognized by Nigerian Government. As a prudent man never takes it as a face value what ever it may be the fact that depends Nigerian Government and complainant only. Apart from that why the delay occurred for the activation of the account was not proved by the opposite party. Any way some inordinate delay was occurred by the opposite party to activate the account that should be answered by opposite party itself. There was some deficiency on the part of opposite party to activate the account of the complainant.
Therefore the petition is allowed. Complainant is entitled to get a compensation of Rs.5000/- from the opposite party. No separate cost is ordered. Comply the order within one month.
Pronounced in the open court this the 30th day of March 2012.
Date of filing: 26-11-2009
SD/- PRESIDENT SD/- MEMBER SD/- MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Photocopy of print out of article dt. 23-4-08 sent to Amnesty International.
A2. Photocopy of registered letter dt. 1-10-09 sent by the complainant to the opposite
party with acknowledgement and postal receipt.
A3. Envelop and statement of accounts.
A4. Envelop and statement of accounts
A5. Bank Pass Book
Documents exhibited for the opposite party.
B1. Letter dt. 1-11-08 sent by the complainant to the opposite party.
B2. Statement from 1-11-08 to 30-11-08.
B3 Statement from 6-10-08 to 8-7-10.
Witness examined for the complainant:
PW1. Gadadharan. P. (Complainant)
Witness examined for the opposite party.
RW1.Subin Surendran.P.V.,Surabhi, Thazha chovva.PO, Kannur.18
Sd/- President
// True copy //
(Forwarded/By order)
SENIOR SUPERINTENDENT.
