SRI. K. ANIRUDHAN (MEMEBR)<br /> <br /> M/s. Pathirappally Swayam Sahaya Sanghom, MS/10/151/04 represented by its Secretary has filed this complaint before the Forum alleging deficiency in service on the part of the opposite party - Manager, State Bank of India, Kalavoor Branch. The contentions of the complainant is as follows:- The complainant is a registered society under SEED for providing various benefits o its members and society is holding account with the opposite party Bank – A/c No. 105355 58644. The amounts to be disbursed to the members of the society is deposited by the society in the said A/c. The complainant Society is issuing cheques to the members of it for the amounts due to the members and that the members in terms present the cheques in the opposite party Bank and get it encashed. Since the cheque book issued by the opposite party bank got exhausted the complainant Society applied in writing to the opposite party to issue cheque book. But without any reason the opposite party has rejected the application to issue the fresh cheque book. Hence the complaint, for a direction to issue cheque book and for compensation.<br /> 2. Notice was issued to the opposite party. They entered appearance before this Forum and filed statements together with proof affidavit, along with documents – Exts.B1 and B2. In the version, the opposite party has admitted that the complainant has savings Bank A/c in the Bank for availing credit facilities. As per the demand of the complainant dt. 5.10.005, the opposite party had issued cheque book having 25 leaf. It is stated that the complainant has to apply with requisition form for fresh cheque book. It is further stated that the complainant has not applied for cheque leaf with the above details, so far and that there is no deficiency in service on the part of the opposite party. <br /> 3..Considering the contentions of the parties, this Forum has raised the issues:-<br /> (1) Whether there is any deficiency in service on the part of the opposite <br /> party? <br /> (2) Compensation and costs. <br /> <br /> 4. Issues 1 and 2:- On the side of the complainant he has produced 2 documents Exts. A1 and A2. Ext.A1 is the copy of the Advocate notice dt. 9.3.2006 sent to the opposite party directing to issue the cheque leaf to the complainant. Ext.A2 is the acknowledgement receipt. The documents given by the opposite party is marked as Ext.B1 and B2. Ext. B1 is the copy of the request dt. 30.1.06 addressed to the opposite party requesting to issue the cheque book. Ext.B2 is the details of A/c of the complainant. On a perusal of the document, it can be seen that on 30.1.06 the complainant had applied to the opposite party to issue the cheque book. But the opposite party has not taken any earnest steps to issue the cheque book in time even though the complainant have operated the A/c for the welfare of its members. The contentions raised by the opposite party cannot be treated as a valid ground and without any bona fides. In this case the denial of issue of cheque leaf to a genuine client by raising flimsy ground will amount to irresponsible way of dealing the matter by the opposite party. So we hereby direct the opposite party to issue the cheque book to the complainant society after collecting the required application from the complainant. Considering the nature and other aspects of this case, we are not ordering any compensation or costs to the complainant. The issues are found accordingly. <br /> In the result we direct the opposite party to issue the cheque book to the complainant within 7 days from the date of receipt of this order.<br /> Complaint Allowed.<br /> Pronounced in open Forum on this the 30th day of July, 2008.<br /> Sd/- SRI. K. ANIRUDHAN:<br /> <br /> Sd/- SRI. JIMMY KORAH:<br /> <br /> Sd/- SMT. N. SHAJITHA BEEVI:<br /> APPENDIX:-<br /> <br /> Evidence of the complainant:-<br /> <br /> PW1 - Shibu T.C. (Witness)<br /> Ext.A1 - Copy of the Advocate Notice<br /> Ext.A2 - Acknowledgement Card<br /> <br /> Evidence of the opposite party:-<br /> <br /> RW1 - Somalal. D. (Witness)<br /> ExtB1 - Letter dated 30.1.2006.<br /> Ext.B2 - Details of A/c<br /> <br /> <br /> <br /> // True Copy //<br /> <br /> By Order<br /> <br /> <br /> Senior Superintendent<br /> To<br /> <br /> Complainant/Oppo. party/S.F.<br /> <br /> Typed by:-pr/-<br /> <br /> Compared by:-<br /> <br /> <br />