Karnataka

Bidar

CC/93/2016

Shivlingappa Kange - Complainant(s)

Versus

Manager DCC Bank Ltd. Bidar - Opp.Party(s)

Deshpande P.M.

19 Aug 2017

ORDER

::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::

                                                               C.C. No.93/2016

                                                                                Date of filing: 02.11.2016

                                                                   Date of disposal: 19 .08.2017

 

P R E S E N T:-    

                              (1) Shri. Jagannath Prasad Udgata,                                                                                                                                      B.A., LL.B.,

                                                                                                President

 

                             (2) Shri. Shankrappa (Halipurgi),

                                                                                 B.A.LL.B.,

                                                                                           Member.

 

           

 

COMPLAINANT/S:             ShivalingappaKange,

                                                Age :75 years, Occ:President,

                                                Dr.B.R.Ambedkar Bhavan Construction

                                                Committee, Naubad, Bidar

                                   

                  (By Sri. P.M.Deshpande,  Adv.)

 

                                                           VERSUS

 

OPPONENT/S:                      The Manager,

                                                D.C.C Bank Limited,

                                                Head Office, Near BasaveshwarChowk,

                                                Hyderabad Road,

                                                Bidar-585401.

 

                                         (By Sri. Sanjaykumar S.Patil, Adv.)

 

 

::   J UD G M E N T  ::

 

By Shri. Jagannath Prasad Udgata, President.

 

1. The complainant is before this Forum alleging deficiency of service in the part of the O.P by filing a complaint U/s.12 of the C.P. Act., 1986.

 

2. The sum total of the case of the complainant is as hereunder:

                        The complainant is working as President for Dr.B.R. Ambedkar Bhavan, since long period till this date.   During the year 1989-90 and 1990-91, the complainant has deposited as F.D. amount with O.P bank as detailed below;

Sl.no.	FD A/c. No.	Date	FD amount	As on today 12% interest	Total Amount as on today
1.	9930	14.09.1989	10,000.00	32,400.00	42,400.00
2.	10503	17.04.1990	42,688.50	1,60,080.00	1,78,768.00
3.	10519	22.09.1990	7,800.00	24,336.00	32,142.00
4.	10656	08.06.1991	16,500.00	51,840.00	68,340.00
5.	18115	12.08.1991	6,700.00	19,904.00	26,604.00
6.	18117	20.08.1991	8,000.00	24,960.00	32,960.00
				Total	3,81,214.00

 

The above F.D. amount deposited was agreed rate of interest @ 12% per annum, and in total as on today, the amount comes to Rs.3,81,214/-.  The complainant has several times visited the O.P bank for getting back the F.D amount with interest on various time, but each and every time, the O.P has shown various vague reasons and asked legal documents and other supporting papers etc.  The complainant has produced all the relevant documentary evidences apart from the original certificate issued by the O.P bank with seal and signature of the O.P officials, thus it proves the admission of positivity of deposited amount, endorsed dated 23.8.1991.   Thereafter for various occasions, the O.P and complainant was in continuous correspondences and even the complainant issued legal notice, but no proper response from the O.P.    The complainant having rightful claimant for claiming F.D. amount etc., and at the last, the complainant demanded F.D. amount in the month of July-2016, which is not properly answered by O.P, which shows unfair, deficient service.    Apart from the above, the complainant has suffered heavy and irreparable loss as the amount was required to develop the Bhavan under the committee aim and objects.  The complainant being ‘consumer’ ‘depositor’ to the O.P bank ‘service provider’, so it is a ‘consumer dispute’, for which the O.P has to provide the proper services to its consumers.   Hence, the complaint for claiming F.D. amount etc.

 

3. The Opponent entering into defence on receipt of Court notice, had filed version denying the contents of complaint, contending that, the complainant is not the President of Dr. B.R. AmbedkarBhavan committee.     The complainant never deposited any FD in the O.P bank, in fact the others who have raised objections now i.e., M.Revanappa and Lade Gopalrao are depositors, hence, the complainant has no right to claim others’ deposits.   The complainant never approached the O.P bank to obtain the F.D. amount with interest and never produced any legal documents pertaining Dr.B.R.AmbedkarBhavan Construction Committee, Bidar.    The O.P bank requested the complainant to submit the following documents for releasing deposits; 

1. Registered bye-law copies of Dr. B.R.AmbedkarBhavan Construction Committee Naubad.
2. F.D. Certificates, Receipt book, cash book for having collected contribution in the name of Dr. B.R.AmbedkarBhavan Construction Committee Naubad.
3. Cash book and Audit reports for the period period from 1991 upto 31.03.2011 and further how the complainant become the President of said committee and from whom he had taken charge of President.

 

4. The complainant without submitting the above documents, made frequent representation and the O.P each and every time, replied the complainant.     It is false that, there is no dispute in the committee.  In fact M.Revanappa and Lade Gopalrao (G.G.Lade) who are President and Treasurer of committee have lodged objection to O.P bank not to pay the deposit amount to anybody without their consent on dated 3.12.2015 and 26.5.2016.  Therefore, the O.P presuming that there is severe dispute in the committee and further the said dispute went to Police New Town Bidar regarding the amount and after investigation the police have given endorsement to complainant on 30.3.2016 to settle the matter in the competent civil court.  Even the complainant had given complaint against the O.P. bank before the Deputy Registrar of Cooperative Societies, Bidar for payment of FD amount, but the authority given endorsement on 22.6.2016 to pay the amount to   persons having the original FD certificates.   Hence, there is no question to pay the F.D. amount to the complainant.   Further it is submitted that, the complainant had given legal notice and representation on dated 24.11.2015 and 26.9.2016, for which the O.P bank replied suitably on 12.4.2016 and 7.10.2016.  Therefore, it is further submitted that, the O.P bank has to pay the FD amount to individuals who are holding deposit certificate.  The dispute in the committee is of civil nature for adjudication of right person to receive the deposit amount, therefore the matter should be referred to appropriate civil court.  The act of O.P cannot be stated to be deficiency in service.   The O.P never admitted to pay the 12% of interest over the deposit.   In fact the O.P bank would pay interest as per their guidelines and moreover the complainant is not proper representative or successor or predecessor, hence he has not right to claim the deposited amount and the complainant is not a consumer, therefore there is no question to claim loss or damages, hence the complaint is liable to be dismissed.  Hence, the O.P pray to dismiss the complaint with cost.

 

5. The complainant has filed documents, detailed at the end of this order, so also the complainant has filed evidence affidavit justifying his side. Both the complainant and O.P. have been heard at length.

 

6.         Considering contention of the complaint, the following points arise for our consideration:-

 

1. Whether the complainant has proved that there is deficiency in service on the part of the O.P.?
2. What order?

 

7.         Our answers to the points stated above are as follows:-

 

 

 

 

1. In the Negative.
2. As per final orders owing to the following:

 

:: REASONS ::

 

 

8.         Point No.1 :- True to the assertions of the O.P. in the versions, another outfit claiming themselves to be the real office bearers of Dr. B.R. Ambedkar Bhavan construction committee, headed by one Sri Revanappa and Sri. Gopal Rao Lade has raised a dispute before the bank regarding the entitlements of the present complainant to withdraw the F.D. Amount.  In fact, the said gentlemen have approached this forum against the same O.P. by filing C.C.No. 13/2017.  There in, the complainants claim to be in possession of the original F.D. receipts and claim the usufruct of the deposits.

 

9.         A submission was made at the Bar that, Dr.B.R.Ambedkar Bhavan construction committee was an unregistered organisation, who had collected contributions from public to construct such a Bhavan for public use.  No individual or individuals can claim the public money and only the duly elected representatives of the committee can have any rightful claim over the same.  Miserably both sides have failed to prove their case even before this Forum.  The O.P. bank also had not received documents as per the asking satisfactorily and hence, there is no deficiency of service evident.        

 

10.       Even otherwise both the feuding groups are rather trying to get a declaratory relief from this Forum for which we are not legally empowered.  Therefore answering point No.1 in the negative, we proceed to pass the following:

 

                                                      ::ORDER:: 

 

1. The complaint is dismissed as not proven.
2. There would be no order as to costs or otherwise.

 

   

(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 19^th day of August-2017).

 

 

   Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

Member.                                                                President.                                                                                         

                                                                         

 

 

 

Documents produced by the complainant

1. Ex.P.1-  Original bank certificate date: 23.08.1991 regarding F.D.s.
2. Ex.P.2- Office copy of legal notice.
3. Ex.P.3- Courier receipt.
4. Ex.P.4- Copy of endorsement of Dy. Registrar Co. op. societies Bidar
                 Date: 22.06.2016.
5. Ex.P.5- Office copy of legal notice date: 14.11.2015.
6. Ex.P.6- Copy of extract of Monthly meeting date: 01.07.2016.
7. Ex.P.7- Copy of statement of Revanappa date: 04.04.2016 to C.P.I.

              Bidar town Circle.

8. Ex.P.8- Copy of notice date: 29.02.2016 of Addl. Supdt. of Police,
                 Bidar to circle Inspector of Police, Bidar.
9. Ex.P.9-Original notice of Tahasildar, Bidar date: 18.05.2015 to the
                complainant and Revenue Inspector.
10. Ex.P.10- Copy of the letter of Tahasildar, Bidar Date: 08.06.2016.
11. Ex.P.11- Copy of Resolution date: 09.09.1991.
12. Ex.P.12- Copy of Treasury Challan.
13. Ex.P.13- Bank A/C statement.
14. Ex.P.14- resolution Book [Ex.P.14(a) resolution date: 01.07.2016]  
                     relied upon by complainant.

 

 Document produced by the Opponent.

 

–NIL-

 

 

Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

       Member.                                                                      President.