BEFORE THE A.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION
AT HYDERABAD.
F.A. 1377/2007 against C.C. 179/2006, Dist. Forum-I, Hyderabad.
Between:
State Bank of India
Rep. by its Branch Manager
Parishram Bhavan Branch
Basheerbagh, Hyderabad. *** Appellant/
Opposite Party.
And
K. V.S. Suryanarayana
Plot No. 1342A, Road No. 67,
Jubilee Hills,
Hyderabad- 500 033.
*** Respondent/
Complainant.
Counsel for the Appellant: Mr. K. B. Ramanna Dora.
Counsel for the Resp: P.I.P.
CORAM:
HON’BLE SRI JUSTICE D. APPA RAO, PRESIDENT
&
SMT. M. SHREESHA, MEMBER
FRIDAY, THIS THE TWENTY THIRD DAY OF APRIL TWO THOUSAND TEN
Oral Order: (Per Hon’ble Justice D. Appa Rao, President)
***
1) This is an appeal preferred by the opposite party bank against the order of the Dist. Forum directing it to pay Rs. 1 lakh with interest right from August, 1993 till the date of payment together with costs of Rs. 2,000/-.
2) The case of the complainant in brief is that he was retired from service on 31.7.1990. Later he was appointed as Member, A.P. Administrative Tribunal from 1991 – 1994. While in the year 2005 while he was going through his old papers, pension papers etc. he found a letter written by him on 30.8.1993 addressed to the Branch Manager of the appellant bank that an amount of Rs. 1 lakh was standing to his account No. 6 under Central Government Officers Retirement Fund and retirement deposit fund. As he intended to withdraw Rs. 50,000/- he requested the bank and issued cheque for the said amount on Andhra Bank, Jubilee Hills, Hyderabad.
Later he forgot that he was having account with the appellant bank, and tried to locate the pass book and cheque book. He could locate the cheque book for the period from 2.8.1990 to 13.8.1990 of his Andhra Bank, Jubilee Hills S.B. Account. He noticed an entry on 7.8.1990 issuing a cheque No. 733263 in favour of appellant bank for an amount of Rs. 2,40,000/-. On that he requested the appellant bank to issue statement of account. Later he sent repeated reminders finally registered notice for which it did not respond. Later on 28.7.2005 he received a letter from Sri G. Vidyasagar, Branch Manager requesting some more time to verify the record. Despite the fact that he waited for some time, the information was not received and on that he filed the complaint for directing the bank to issue statement of deposit made under A/c. No. 6 , and pay outstanding balance amount with interest if any, damages and costs.
3) The appellant bank resisted the case. While admitting that the complainant had opened PPF No. 6 on 7.8.1990 and subsequently by his letter Dt. 9.8.1991 requested to pre-close which was acceded to and arranged payment as per its letter Dt. 9.8.1991 and closed the account. They do not have record. It was closed 14 years ago. The vouchers etc. were destroyed. The claim was speculative. He could not file his record to show that the amount was lying in the bank in his name. The amount was paid. The claim of the complainant is frivolous and therefore prayed for dismissal of the complaint with costs.
4) The complainant in proof of his case filed his affidavit evidence and got Exs. A1 to A5 while the appellant bank filed the affidavit evidence of its Branch Manager Sri V. Siva Kumar and got Ex. B1 copy of letter Dt. 9.8.1991, requesting the bank to make premature withdrawal of an amount of Rs. 1 lakh under Deposit Scheme for Retiring Government Employees and willing to forego interest.
5) The Dist. Forum after considering the evidence placed on record opined that while the appellant on the one hand alleged that it had destroyed the entire record as the account was closed 14 years ago, it could not have produced Ex. B1 letter, while the bank stated that it had destroyed the vouchers and kept it for a period of 15 years. Basing on Ex. B1 it cannot be said that the complainant had withdrawn the amount and therefore directed the bank to pay Rs. 1 lakh with interest prevailing from to time right from August, 1993 together with costs of Rs. 2,000/-.
6) Aggrieved by the said decision, the bank preferred the appeal contending that the Dist. Forum did not appreciate either the facts or law in correct perspective. It ought to have seen that Ex. A1 was not part and parcel of the record. Since he received the amount as per Ex. B1 account no amount need be payable. The complainant could have filed the account copy of the Andhra Bank to prove that the amount was not withdrawn. There was no necessity for them to manipulate the record. They never anticipated the litigation after closure of account about 14 years ago. Therefore it prayed that the appeal be allowed consequently dismiss the complaint.
7) Along with appeal the bank has filed account copy of the complainant to show that an amount of Rs. 50,000/- was remitted to Andhra Bank on 30th August, 1993 leaving a balance of Rs. 50,000/-. The said account was closed on 9.3.1995. As there was no objection to receive this document by way of additional evidence, even by applying principles of natural justice the same was assigned as Ex. B2.
8) The complainant had submitted his written arguments by post.
9) The point that arises for consideration is whether the order of the Dist. Forum is vitiated by mis-appreciation of fact or law?
10) The dispute pertains to an amount of Rs. 1 lakh standing in the account of the complainant, which according to him represents retirement benefit. He claimed that an amount of Rs. 1 lakh which he intended to withdraw could not be withdrawn as he lost his cheque book, pass book etc. from 1990. Since he could not locate his pass book etc. he directed the bank to furnish statement of account and to settle the account by paying the outstanding balance. The bank initially alleged that by virtue of his letter Dt. 9.8.1991 to pre-close the account it had closed. Since the record pertains to 14 years ago the vouchers etc. were destroyed. What all they could trace is a letter Dt. 9.8.1991 which they had filed marked as Ex. B1. When the Dist. Forum opined that the appellant failed to furnish account copy and settle the account the bank has preferred the appeal. At the time of hearing of the appeal, the bank has filed additional evidence viz., copy of account marked as Ex. B2. Unfortunately, the complainant did not choose to appear before this Commission. The complainant had no occasion to peruse this account or confirm the truth or otherwise of the entries made in the statement of account. Importantly though the complainant has account with Andhra Bank, Jubilee Hills Branch, Hyderabad, he did not implead the said bank as a party. Since the appellant bank insisted that amount was transferred to Andhra Bank, Jubilee Hills branch, and no amounts were lying with it, the complainant has neither disputed nor admitted the said fact. The entire question revolves around the deposits and the withdrawals that were made and if really the bank had transferred the amount to Andhra Bank as pleaded by it, the complainant was not entitled to any amount. It is not as though the complainant specifically asserts that he did not request for transfer of the amount to his account in Andhra Bank. He equally pleads that due to long lapse of time he could not locate or trace out his pass book, cheque book etc.
Equally the bank pleads so. However, obviously on searching they could file Ex. B1 & B2. The very yardstick that could be applied to the complainant would equally apply to the bank. At any rate, since the bank has filed additional evidence which the complainant has no occasion to cross-check, we are of the opinion that the matter could be relegated to the Dist. Forum with a direction to re-assess the evidence in the light of Ex. B1 & B2 giving an opportunity to the complainant to file rejoinder if any to the contentions taken by the appellant bank in the appeal, and permit both the parties to lead further evidence if any, and dispose of the matter as per law. Since the matter is already old, we direct the Dist. Forum to dispose of the matter as expeditious as possible. Since the appellant bank is contesting the matter, we direct it to appear before the Dist. Forum on 14. 6. 2010 without insisting for fresh notice. However, the Dist. Forum is directed to issue notices to the complainant before proceeding on the said date in order to take steps as indicated above.
11) The appeal is disposed of accordingly. No costs.
1) _______________________________
PRESIDENT
2) ________________________________
MEMBER
Dt. 23. 04. 2010.
*pnr
