Tamil Nadu

StateCommission

CC/148/2014

S. PRABHAKAR SINGH AND SUJATHA - Complainant(s)

Versus

KARNATAKA BANK LTD, THE BRANCH MANAGER - Opp.Party(s)

M.K. JEYANTHI

07 Sep 2022

ORDER

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present:  Hon’ble THIRU. JUSTICE R. SUBBIAH       :    PRESIDENT

                                   THIRU R VENKATESAPERUMAL  :      MEMBER

 

C.C.No.148 of 2014

Wednesday, the 7^th day of September 2022

 

1.  S. Prabhakar Singh

     Plot No.21, SURABHI

     E.B. Colony (East)

     Vallioor, Tirunelveli.

 

2.  Mrs. Sujatha

     W/o.S. Prabhakar Singh

     Plot No.21, SURABHI

     E.B. Colony (East)

     Vallioor, Tirunelveli.                                   .. Complainants

 

- Vs –

 

1.  The Branch Manager

Karnataka Bank Ltd.,

 11/19, Elumalai Street

 West Tambaram

 Chennai.

 

2.  The General Manager

Corporate Branch

Karnataka Bank Ltd.

Mangalore .. Opposite Parties

 

 

    Counsel for the Complainants          :  M/s. M.K. Jayanthi

    Counsel for the Opposite parties      :  M/s. K.Raghavendran

 

                                         

This complaint came before us for hearing on 29.07.2022 and on hearing the arguments of the counsel for the complainant and on perusing the material records, this Commission made the following :-

O R D E R

R.SUBBIAH J., PRESIDENT

                This complaint has been filed by the Complainant against the opposite parties, under Section 17 of the Consumer Protection Act, 1986 for the following directions to the opposite parties;

1. To pay a sum of Rs.26,58,000/- being the amount taken from the account with interest @ 24% per annum from 29.03.2011 till the date of realisation ;
2. To pay a sum of Rs.3,00,000/- towards mental agony suffered by the complainant ; and
3. To pay the cost.

 

             2.     The gist of the Complaint averments are as follows:  The complainants are having a Joint Savings Bank Account No. 7712500100533001 with the Opposite parties Bank. The complainants operate their accounts regularly.  On 29.03.2011, the complainants deposited a sum of Rs.7,00,000/- in their joint account.  Later, on 18.04.2011, they deposited the sum of Rs.7,00,000/- in Fixed Deposit namely, ‘Abhyudhaya Cash Certificate’ for two years, at an interest of 9.75% per annum.  The maturity date of the fixed deposit was 18.04.2013.  In the meanwhile, since the complainants were in urgent need of funds, on 14.09.2012 they went to the Bank to redeem the cash receipt.  At that time, the complainants came to know that the fixed deposit money has been redeemed by the Bank without their consent.  Hence, the 1^st complainant again approached the Bank and sought for explanation from the Manager.  But the 1^st opposite party gave only evasive reply to the complainant.  The 1^st complainant obtained Statement of Account from the Bank for the period 12.02.2011 to 10.09.2014 and thoroughly checked all the transactions for the above said period and found that malpractices have been done by the Opposite parties Bank.  A huge amount has been transferred/ taken by the Opposite parties Bank from the complainants’ account without any authorisation.  The fixed deposit amount of Rs.7,00,000/- has been transferred to the complainant’s account on 19.05.2011 and on the same day a sum of Rs.5,81,678/- was transferred to one Hindustan Petroleum Ltd.  Thus, without the knowledge, consent or any written request of the complainants, the Opposite parties Bank had made premature closure of the said fixed deposit and had credited the amount to the complainants’ account and then transferred the amount to some other accounts.  The act of pre-closing of the fixed deposit standing in the name of the complainants, will amount to criminal misconduct and breach of trust.  Further, more than Rs.20,00,000/- have been misappropriated by the opposite parties.  On 22.10.2012, the complainants sent a detailed letter to the 1^st opposite party but no reply was received.  Again on 10.06.2013, the complainants sent a detailed letter to the 2^nd Opposite party.  Since no reply was received, the complainant sent a complaint to the Banking Ombudsman and received Complaint No.201213006006981.  The Banking Ombudsman closed the complaint requiring consideration of elaborate documentary and oral evidence.  Hence, the complainants sent a legal notice on 27.03.2014 demanding the opposite parties to deposit the amount which was illegally taken from their account, within 15 days.  Though the said notice was received by the opposite parties, no reply was given by them.  The opposite parties are deliberately and wantonly not taking any effort to deposit the money to the account of the complainants.  Hence, the complainants have come forward with the present complaint, seeking the reliefs stated supra.   

 

             3.  The complaint is resisted by the opposite parties by filing version stating that the complaint has been filed with an ulterior motive at the instigation and collusion of the then Branch Manager Mr.P. Harikumar, in order to escape from the clutches of criminal prosecution initiated by the opposite parties Bank. Further, the complaint is barred by limitation since the same has been filed after a lapse of two years from the alleged transaction.  The 1^st complainant and the said P.Harikumar are personally known to each other.  The said Mr.P.Harikumar had introduced the 1^st complainant to the opposite parties Bank with an ulterior motive to deceive the opposite parties Bank.  The address of the complainants as per the Bank records is Plot No.21, SURABI , E.B. Colony (East) Vallioor, Tirunelveli.  There is no proof of their alleged residence in Chennai available in the records of the Bank. It is for this oblique relationship, the complainants have opened their account with the opposite parties Bank, from such a long distance.  A criminal complaint was filed by the Bank against Mr.P. Harikumar, who has been dismissed from service for several irregularities committed by him, while he was heading the Branch.  The complainant in order to distract his involvement with the then Branch Manager Mr.P.Harikumar in the fraudulent transactions, has filed this belated complaint upon the arrest of Mr.P.Harikumar.  The complainants are having a Joint Savings Account.  A Term Deposit was made in the personal name of the 1^st complainant.  The premature closure of the Term Deposit was made on 19.05.2011, on the oral request made by the complainant.  But with ulterior motive the complainant had disputed the closure and reported to the Bank on 22.10.2012 only, eventhough he was operating his saving bank account and utilising the ATM card and so certainly he would have got his balance known after every withdrawal from the ATM.  On verification of Statement of Account, it was found that several cash credit transactions were made in the account from different parties since 08.07.2012 and such accumulated amount was paid through a cheque by the complainant on 28.06.2013. Hence, the opposite parties suspect that the complainant in collusion with Mr.P. Harikumar had enjoyed the fruits of the Term Deposit by playing fraud on the Bank.  The complainant has not approached this Commission with clean hands and thus sought for dismissal of the complaint.

 

             4.    In order to prove the case, the complainant, along with proof affidavit, has filed 7 documents and the same were marked as Ex.A1 to A7.   On the side of the opposite parties, proof affidavit has been filed and 4 documents were marked as Ex.B1 to Ex.B4.

 

        5.  Heard the submissions of the counsel for the complainants and carefully perused the materials available on record.   There is no representation for the opposite parties.

 

                6.  On perusal of the complaint and version, we find that there are disputed question of facts.  According to the complainants without their knowledge the opposite parties Bank had pre-closed the Fixed Deposit and had transferred to his Savings Bank.  Subsequently, the amount was transferred to third parties.  Whereas, according to the opposite parties, only on the instructions of the complainants they have pre closed the fixed deposit.  The then Branch Manager had committed irregularities by colluding with the 1^st complainant and only in order to save him from the criminal prosecution, the complaint is filed against the opposite parties.  Thus the complaint is filed with false allegations.  Hence, it is clear that there are dispute question of facts.   When there are disputed question of facts, the issue involved in this case cannot be decided by the Consumer Forum in a summary manner.  Therefore, this kind of issue needs elaborate oral evidence, by giving opportunity of cross-examination to the other side.  Therefore, it would be appropriate for the complainants to approach the concerned civil court for their redressal, where the parties can adduce elaborate oral evidence by affording opportunity of cross examination to the other side.  Therefore, the complaint is liable to be dismissed. 

 

        7.  In the result, the complaint is dismissed.

 

R. VENKATESAPERUMAL                                                        R.SUBBIAH

       MEMBER                                                                                 PRESIDENT

 

 

DOCUMENTS MARKED ON THE SIDE OF THE COMPLAINANT

 

Ex. A1                               Pass Book

       

Ex.A2        18.04.2011       Abhyudhaya Cash Certificate

 

Ex.A3        14.09.2012       Statement of account from 12.02.2011                                                   to 13.09.2012

 

Ex.A4        22.10.2012       Complaint letter to the Tambaram Branch.

 

Ex.A5        16.06.2013       Complaint letter to the General Manager

Ex.A6                                Bank Ombudsman Acknowledgement

Ex.A7        27.03.2014       Advocate Notice

 

 

 

DOCUMENTS MARKED ON THE SIDE OF THE OPPOSITE PARTIES

 

 

Ex. B1       29.01.2015               Statement of Account        

Ex.B2        22.10.2012               Letter from complainant

Ex.B3        12.05.2014               Challan in respect of amount deposited

  by Mr.P. Harikumar

Ex.B4        24.06.2013               Cheque No.567022 drawn by the

                                                Complainant to Mr.V.Sri Padmanabhan

 

 

 

R. VENKATESAPERUMAL                                                        R.SUBBIAH

       MEMBER                                                                                 PRESIDENT

 

Index :  Yes/ No

 

AVR/SCDRC/Chennai/Orders/September/2022

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C.C.No.148 of 2014

HON’BLE  JUSTICE

THIRU R.SUBBIAH, PRESIDENT

 

        In the result, the complaint dismissed.

 

 

MEMBER                      PRESIDENT              

07.09.2022                07.09.2022