A.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSIONHYDERABAD.
F.A 1481/2007 against CCSR No. 2239/2006, Dist. Forum, Ongole
Between:
1) N.V.L.S.V. Prasad Rao
S/o. Narasimha Rao
Age: 43 years
D.No. 1/21, Chowdavaram Village
Kondepi Mandal
Prakasham Dist.
2) Smt. CH. V. Padmalatha
W/o. Ramu
Age: 36 years,
R/o. 7-4-6, Lawyerpet
Ongole, Prakasham Dist. *** Appellants/
Complainants.
And
1) The Chief Manager
State Bank of India
Main Branch, Station Road
Ongole, Prakasham Dist.
2) The Manager
State Bank of India
Main Branch, Station Road
Ongole, Prakasham Dist. *** Respondents/
Ops.
Counsel for the Appellant: M/s. M.V. S. Suresh Kumar
Counsel for the Resps: Mr. Narender Reddy
HON’BLE SRI JUSTICE D. APPA RAO, PRESIDENT
&
SRI R.L.NARASIMHA RAO, MEMBER
MONDAY, THIS THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND NINE
Oral Order: (Per Hon’ble Justice D. Appa Rao, President)
*****
1) Appellants are unsuccessful complainants..
2) The case of the complainants in brief is that they started business in tobacco and supplied the same to M/s. Green Tobacco Exports Pvt. Ltd., Pellur. When they fell due he filed O.S. No. 197/2000, O.S. No. 199/2000 and O.S. No. 67/2001 on the file of Principal Senior Civil Judge, Ongole. In the said suits he took summons to Respondent No. 1 to cause production of cheque No. 669889 Dt. 1.5.1997 issued by M/s. Green Tobacco Exports Pvt. Ltd., Pellur to M/s. Hind Enterprises, Guntur, it had informed that the same was not traced. In fact as per the banking rules, negotiable instruments have to be preserved for a period of 7 years and have to be produced as and when required. When he could not file the cheque the said suits were dismissed solely on the ground of non-production of said cheque. The respondents committed acts of deficiency in service by not producing the cheque. Therefore they claimed compensation.
3) The Dist. Forum returned the complaint at the thresh-hold alleging that there was no consumer relationship between the parties and it required full-fledged trial by the Civil Court.
4) Aggrieved by the said order, the complainants preferred this appeal contending that when the cheque was misplaced it amounts to deficiency in service, and therefore the question of matter to be adjudicated by a Civil Court will not arise.
5) The point that arises for consideration is whether the order of the Dist. Forum is vitiated by mis-appreciation of fact or law?
6) It is an undisputed fact when the complainant sought for the cheque which said to have been issued by a third party, the bank pleaded that it had misplaced and lost. The complainant alleges that for a period of 7 years the negotiable instruments have to be preserved and misplacing or losing the cheque would amount to deficiency in service. The question of relegating the matter to a Civil Court will not arise. We may state herein that the Supreme Court in Dr. Merchant Vs. Srinath Chaturvedi reported in III (2002) CPJ 8 (SC) has deprecated the practise of relegating it to Civil Court when basically the Dist. Forum has jurisdiction to try the case. At any rate, even without hearing the opposite party the Dist. Forum could not have returned the complaint with a direction to file before the Civil Court. Whether there was a consumer relationship between the parties or not can be looked into, if the evidence is let in. It is too premature to come to such a conclusion. In the circumstances, we set-aside the order of the Dist. Forum.
7) In the result the appeal is allowed setting aside the order of the Dist. Forum Dt. 14.12.2006 . The Dist. Forum is directed to register the complaint, issue notice to the opposite parties inviting written version, and proceed according to law. In the circumstances no costs.
1) _______________________________
PRESIDENT
2) ________________________________
MEMBER
Dt. 14. 12. 2009.
*pnr
“ UPLOAD – O.K.”