Andhra Pradesh

Visakhapatnam-II

CC/332/2011

I. Prakasha Rao - Complainant(s)

Versus

Hindustan Shipyard Staff Co.Operative Bank Limited - Opp.Party(s)

S. Nageswara Rao

04 Aug 2014

ORDER

                                              Date of Registration of the Complaint:05-09-2011 

                                                                                                Date of Order:04-08-2014

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:      

1. Smt K. Saroja, M.A. B.L.,

     President (FAC)  

                                2. Sri C.V. Rao,  M.A., B.L.,

                                    Male Member

 

                             Monday, the 4^th day of August, 2014.

                             CONSUMER CASE No.332/2011

Between:-

 Sri Indana Prakasha Rao son of late Manikyam,

Christian, aged 70 years, Ret. Ship Yard Employee,

resident of D.No.34-11-68, Holy Cross Street,

Gnanapuram, Visakhapatnam.        

                                                                                        ….. Complainant

And:-

The Manager, M/s. Hindustan Shipyard Ltd.,

Co-operative Bank Ltd., Gandhigram,

Visakhapatnam.

                                                                                           …  Opposite Party

                     

          This case coming on 22.07.2014 for final hearing before us in the presence of Sri S. Nageswara Rao, Advocate for the Complainant and Sri Malladi Suryanarayana Sastri & Sri M.V.B.S. Murthy, Advocatesfor the Opposite Party and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

(As per the Honourable President(FAC)on behalfofthe Bench)

 

1.       The case of the Complainant in brief is that the Complainant has invested amount in SB Account No.3567 with the Opposite Party as savings account and has been deposited in the same till 2003 August.   Though, the Complainant retired from his service in the year, 1999 October and maintaining the said account regularly.   Due to the heart disease, he is unable to continue the said account since April, 2003.   Then the Complainant requested the Opposite Party bank to cancel his account and refund the amount.     But the Opposite Party postponed to return the same.   The Complainant made a representation dated 9.6.2011 to the Opposite Party byway of Registered Post to return the SB Account amount after cancelling the same.   But the Opposite Party having received the said notice did not return his amount nor gave any reply.   Hence, this Complaint.

2.       a) to direct the Opposite Party Bank to release the amounts deposited by the Complainant i.e., Rs.8,650/-  (Rupees Eight thousand six hundred and fifty only) in S.B. Account No.3567 with interest to Complainant on cancelling the S.B. Account forthwith;  

          b) for costs of the Complainant and

          c) for Rs.10,000/- towards damages for the gross deficiency of service caused to Complainant;

          d) to pay Rs.2,000/- towards litigation charges and expenses;

          e) for such other relief or reliefs as the Forum deems fit and proper in the circumstances of the case.

           

3.       The Opposite Party strongly resisted the claim of the Complainant by contending, as can be seen from its counter.   The Opposite Party filed a counter on 28.02.2012 along with photo copy of an account payee cheque for Rs.1,682.91 ps. and statement particulars of the Complainant.

 

4.       The Opposite Party stated that they have given the cheque for Rs.1,682.91 ps. for the balance amount of the Complainant’s account and it  was received by Complainant’s advocate on 15.02.2012.   So, they have no liability to pay any reliefs as prayed by the Complainant.  

 

5.       At the time of enquiry, the Opposite Party filed its affidavit as well as written arguments to support their contention.   The Complainant fails to file his affidavit as well as written arguments even after direction of this Forum.   So, treated as no affidavit and written arguments on behalf of the Complainant.   Exs.A1 to A5 are suo-motto marked on behalf of the Complainant.   Heard the Opposite Party.   Exs.B1 and B2 are marked for the Opposite Party.

 

6.       ExA1 is the Passbook of Complainant’s savings account.   Ex.A2 is the receipts on different date, deposits made by the Complainant in the Opposite Party’s bank.   Ex.A3 ID Card of the Complainant.   Ex.A4 is the letter issued by the Complainant in favour of the Opposite Party dated 9.6.2011.   Ex.A5 is the Acknowledgment Card.  

 

 

7.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Party.  The Complainant is entitled to any reliefs asked for?

 

8.         After careful perusal of the case record, this Forum finds that the claim of the Complainant that he is having balance of Rs.8,650/- with the Opposite Party bank is not correct as the Opposite Party filed a counter along with photo copy of cheque for Rs.1,682.91 ps. and statement  particulars of the account filed on 28.02.2012.   The copy was served to other side counsel, who endorsed that received copy with the cheque.    According to Ex.A4, the Complainant issued a letter against the Opposite Party dated 9.6.2011 due to ill-health he did not continue the account.  As such, he wants to close the account, but the Opposite Party after receiving  this letter kept silent.   The Opposite Party filed the above cheque along with counter on 28.02.2012.   So, there is no deficiency of service on the part of the Opposite Party.   As such, the Complainant is not entitled to any other reliefs asked by him.   As the balance amount of Rs.1,682.91 ps. paid by the Opposite Party, the Complainant is not entitled to any reliefs.     So, the Complaint is liable to be dismissed.  

 

9.       In the result, this complaint is dismissed.   No costs.

         

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this the 4^th day of August, 2014.

Sd/-                                                                                     Sd/-

Male Member                                                                           President

                                     

 

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01		Bank Pass book	Original
Ex.A02	13.08.2003	3 (three) receipts issued by the OP	Original
Ex.A03		ID Card of Complainant	Photo copy
Ex.A04	09.06.2011	Letter sent by the Complainant to OP	Photo copy
Ex.A05	10.06.2011	Postal Acknowledgment card	Original

For the Opposite Party:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.B01		Account Payee Cheque for Rs.1,682.91 ps.	Photo copy
Ex.B02	01.04.2008 to16.01.12	Statement of Account	Photo copy

                            

Sd/-                                                                                        Sd/-

Male Member                                                                              President