BEFORE THE MANDYA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANDYA PRESENT: 1. SIDDEGOWDA, B.Sc., LLB., President, 2. M.N.MANOHARA, B.A., LLB., Member, 3. A.P.MAHADEVAMMA, B.Sc., LLB., Member, ORDER Complaint No.MDF/C.C.No.112/2008 Order dated this the 23rd day of April 2009 COMPLAINANT/S Smt.C.Prema W/o Channaiah, No.773, Guthal Colony, Mandya. (By Sri.Yogananda., Advocate) -Vs- OPPOSITE PARTY/S The Manager, Mandya City Co-operative Bank Ltd., V.V.Road, Mandya. (By Sri.T.Lokesh., Advocate) Date of complaint 31.10.2008 Date of service of notice to Opposite party 18.11.2008 Date of order 23.04.2009 Total Period 5 Months 5 Days Result The complaint is partly allowed, directing Opposite party to pay Rs.8,075/- with interest at 9% p.a. from 30.08.2007 till payment with cost of Rs.500/- to the complainant. Sri.Siddegowda, President 1. This complaint is filed under section 12 of the Consumer Protection Act 1986 against the Opposite party claiming Rs.8,075/- with interest and compensation of Rs.80,000/- and cost of Rs.10,000/-. 2. The case of the complainant is that she is the account holder in S.B. A/c No.6883 in the Opposite party Bank. On 30.08.2007, the complainant has deposited D.D. No.310322 of ING Vysya Bank for Rs.8,075/- in the Opposite party Bank and they have issued the challan and also entered in the pass book, but when the complainant went to draw the D.D. amount, it was informed that there is only Rs.264/- in her account. Therefore, the complainant was shocked and though the pass book was shown, the Opposite party refused to pay the amount. Then, the complainant gave a petition dated 20.05.2008, there was no reply. Again on 26.08.2008 she gave another petition, but they have shown negligence. The Opposite party has committed deficiency in service by not crediting the D.D. amount of Rs.8.075/- to her account. 3. The Opposite party has filed version admitting that the complainant is a customer having the account. It is denied that on 30.08.2007 she has presented a D.D. drawn on ING Vysya Bank for a sum of Rs.8,075/- which bears D.D. No.310322 and the bank has received the D.D. and entered in the pass book and issued the receipt. It is true that when the complainant approached the Opposite party Bank for payment, the bank authorities have informed that a sum of Rs.264/- is the outstanding balance in her account. In fact, the complainant at first instance she has approached the bank as if she has deposited a sum of Rs.8,075/- by cash on 30.03.2007. The complainant is not so specific with respect to her claim made in the complaint. It is true that on 25.05.2008 the complainant filed an application to the Opposite party Bank for which a suitable reply is given on 19.08.2008. It is false that the complainant has filed second application on 26.08.2008. Since, the complainant has not presented the D.D. worth of Rs.8,075/- to the Opposite party Bank, it has not committed deficiency in service. The complainant, by creating and fabricating the pass book and also challan, has filed a false complaint. Therefore, the complaint is liable to be dismissed with costs. 4. During trial, the complainant is examined and she has produced Ex.C.1 to C.10. The Opposite party is examined and he has produced Ex.R.1 to R.3. 5. We have heard both sides. 6. Now the points that arise for our considerations are:- 1. Whether the complainant proves that she has deposited D.D. amount of Rs.8,075/- to Opposite party Bank for collection? 2. Whether the Opposite party has committed deficiency in service in not paying the amount of D.D.? 3. Whether the complainant is entitled to the D.D. amount with interest and compensation? 7. Our findings and reasons are as here under:- 8. The undisputed facts are that the complainant is having S.B. A/c bearing No.6883 in Opposite party Bank. According to the complainant, on 30.08.2007 she deposited a D.D. of Rs.8,075/- of ING Vysya Bank and Opposite party issued the challan and entered in the pass book. The Opposite party has denied the same. The complainant has produced the pass book Ex.C.1 and the counter challan Ex.C.2. She has also produced the Xerox copy of the D.D. of Citi Bank payable at ING Vysya Bank, Mandya For a sum of Rs.8,075/- in favour of the complainant and this D.D. is dated 13.08.2007. The Opposite party has taken contention that creating the pass book and challan, false complaint is filed. But, if we consider all the challans, it cannot be acceptable at all that the complainant is in a position to create the pass book and the challan, if that is the situation why complaint is not filed by the Opposite party Bank against the complainant for creating this pass book and the challan and also creation of the seal of the bank. Merely because, the Officer who issued the pass book has not put signature, but the pass book bears the photo of the complainant with seal and address of the complainant with another seal and she had made transaction from March 2006. Of course, as per Ex.C.4 (Ex.R.3) the complainant has stated that she has deposited cash of Rs.8,075/-, but according to the complainant, she is a illiterate lady and if we see her signature in Ex.R.3 and handwriting, it clearly reveals that she is illiterate lady knowing only put signature and this letter is dated 20.05.2008. Then, the Opposite party has issued the letter Ex.C.5 dated 19.08.2008 to produce the details of the cheque for having deposited Rs.8,075/- on 25.08.2008. According to the complainant, she approached the Opposite party Bank and shown the documents, but they did not oblige to answer and so she gave petition dated 26.08.2008. The Opposite party has gone to the extent of denying the letter Ex.C.6, though the Opposite party Bank has received by acknowledging the same on 26.08.2008. There is no answer for this at all, there is no explanation as to why no reply was sent to this letter. Therefore, she has lodged this complaint. The complainant has produced Ex.C.8 copy of the account opening form of the Mallige Multipurpose Co-operative Society Ltd., No.70, Near Water Tank, Jeevan Bhima Nagar, Bangalore 75 in Bank of Baroda, Mandya Branch and this document contains letter of that society, letter of indemnity and bylaws. The complainant has also produced Ex.C.10 the copy of the letter of the said Mallige Multipurpose Co-operative Society dated 29.08.2007 which contains of the name, cheque number, name of the drawn bank and amount with date, totally 12 cheques through this letter which contains the cheque of the complainant was presented to the Bank of Baroda, Mandya Branch, through challan Ex.C.9 mentioning the total amount of Rs.3,41,673/-. In the presence of these documents and also Ex.C.2 counter challan having seal of the Opposite party Bank, it cannot be accepted at all, that the complainant is a member of that Mallige Multipurpose Co-operative Society, Bangalore and presented the cheque at Bangalore instead of Opposite party Bank which is very near. Even though, the Opposite party has produced the daily transaction sheet dated 30.08.2007 as per Ex.R.1 and it does not find the mention of D.D. amount or cheque, but it is not at all signed by the officers with seal and name only one person has put signature. According to the evidence of Opposite party the daily transaction will be signed by the concerned Accountant and Chief Officer of the Bank and also put seal, but we do not find such things in transaction sheet at all. Therefore, it is not in accordance with Bankers Evidence Act and therefore those entries cannot be belied at all. Even Ex.R.2, the account extract of the complainant produced by the Opposite party cannot be believed, because the complainant has produced the challan for having deposited Rs.50,000/- on 17.10.2006 which finds a place in the pass book as per Ex.C.21, but it does not find a place in account extract Ex.R.2 at all. As per the pass book, she has deposited Rs.50,000/- on 17.10.2006 and she has withdrawn Rs.35,000/- on 21.10.2007, for having deposited Rs.50,000/- she has produced the challan which cannot be disputed at all and these challans are bearing the seal and signature of the Opposite party Bank. Though the complainant has made 6 transactions as per Ex.C.1, we find only 2 transactions in the year 2006 as per Ex.R.2 account extract. It clearly reveals that all is not well and not properly maintained the account of the customer by Opposite party Bank at all. There is no reason to suspect the challans, pass book and other documents produced by the complainant and the documents Ex.R.1 and R.2 produced by the Opposite party cannot be believed at all. Therefore, the complainant has clearly established that she has deposited Paylink Check for Rs.8,075/- as per Ex.C.3, which it is account payee only not negotiable cheque to Opposite party Bank and the cheque is misused by the Officials of Opposite party Bank and presented through Mallige Multipurpose Co-operative Society to which the complainant is not a member at all and they have misused the amount, though it is a account payee cheque and not negotiable cheque. Though, the Opposite party Bank has issued the challan Ex.C.2 and entered in the pass book about the cheque amount and even Opposite party has failed to reply to the letter Ex.C.6 about the amount. Though the complainant showed the challan and pass book and therefore an adverse inference should be drawn in view of the improper documents maintained by the Opposite party. This Forum has received so many complaints about irregular accounts maintained by the Opposite party Bank and not crediting the amount deposited and an improper withdrawal by forging the signature of the customers. The refusal of the amount by the Opposite party and not crediting the cheque amount to the S.B. A/c of the complainant by Opposite party Bank is a utter gross negligence and cheating all the customer and Opposite party has committed deficiency in service. 9. The complainant has sought for the cheque amount with interest and also compensation and costs. The complainant is not entitled to the compensation as sought for, but she is entitled to the interest on the cheque amount. 10. In the result, we proceed to pass the following order; ORDER The complaint is partly allowed, directing Opposite party to pay Rs.8,075/- with interest at 9% p.a. from 30.08.2007 till payment with cost of Rs.500/- to the complainant. (Dictated to the Stenographer, transcribed, corrected and then pronounced in the open Forum this the 23rd day of April 2009). (PRESIDENT) (MEMBER) (MEMBER)
