By Sri. MOHANDASAN.K, PRESIDENT
1. Complaint is brief as follows:-
The complainant is a business man and he approached the opposite party for a bank account and he started a savings bank account with opposite party as No.1/5018. The complainant has got an amount of Rs. 12,54,980/- in his account. He approached the opposite party to withdraw the amount on various occasions. But the opposite party could not release the amount from the account and sought time to release the amount stating that there is no enough fund in the bank account to own the request of complainant. The opposite party had assured him that they will inform the complainant when the bank is having enough amount in the bank account. Later on 06/07/2020 the complainant approached the opposite party to release the amount from the account but then also the opposite party informed that they are not able to release his money since there is no sufficient amount in the bank.
2. The complainant submit that, the complainant being a business man and he needed money and due to the non-releasing of the money he is under difficulties to manage his business. The opposite party is liable to release the claim of complainant at any time whenever he is required. The complainant alleged the act of the opposite party as deficiency in service and unfair trade practice. Due to the act of the opposite parties, the complainant suffered inconvenience, hardship and financial crisis. The prayer of the complainant is to release the amount from the account of the complainant along with compensation of Rs. 1,00,000/- and cost of Rs. 20,000/-.
3. On admission of the complaint notice was issued to the opposite party and opposite party entered appearance and filed version denying the averments andallegations in the complaint.
4. The opposite party admitted that complainant has got a savings bank accountNo. 1/5018 with the opposite party and there was Rs. 12,54,980/-in the account of complainant at the time of filing this complaint. But now, till 31/03/2021 there is Rs. 8,01,165/- in his account including interest of Rs. 38,090/-. The opposite party is ready to give back the amount with the interest prescribed by the Reserve Bank of India. The opposite party submitted that the complainant was allowed to withdraw the amount from the account till occurring malpractices in the opposite party society. The complainant had withdrawn Rs. 2,38,521/- on 26/04/2019 as per cheque No.102010, Rs.2,46,000/- on 29/04/2019 as per cheque No.130687, Rs. 2,00,000/- on the same day i.e, on 29/04/2019 as per cheque No.103688, Rs. 3,57,734/- on 30/04/2019 as per cheque No. 103690, Rs. 3,29,591/- on 30/04/2019 as per cheque No.102134, Rs. 4,60,492 on 03/05/2019 as per cheque No.103689. The complainant withdrawn Rs. 5,29,299/- as per cheque No.102409 after filing the present complaint. At present as per the account statement of the complainant an amount of Rs. 8,01,165/-is there in the account on 31/03/2021 . So, the submission of the opposite party is that, the opposite party released the amount to the complainant on his requests.
5. The opposite party further submitted that one of the employees of the society Mr. Abdul Jabbar did some malpractices in the society and thereby some manipulations was made through the computer and thus he withdrawn huge amount from the MDC Bank, Kottakkal branch wherein the opposite party society has got account. A crime also was registered before Vengara Police station as crime No.48/2019 against Mr. Abul Jabbar. It appears Mr. Abdul Jabbar misappropriated nearly 5701.610 gm gold pledged by customers before the society. The police have seized the gold ornaments from various financial institutions i.e from Muthoot Finance, Muthoot Fincorp, Memen chitty Fund, Kottakkal Urban co-operative Bank and Kodur Cooperative Service Bank and the same is pending before the JFCM court Malappuram. Due to non-receipt of loan advance from the customers the society is under difficulties. There is no amount in the bank account and so the opposite party is not able to own the claim of customers including the complainant.
6. The opposite party submitted that the complainant has withdrawn an amount of Rs. 5,25,299/- on 19/03/2021 from the opposite party .
7. The opposite party submitted that, they are not giving money back to the complainant since there is no deposit in the bank account. The complainant will be given back the money in case the bank receives the dues from the customers on releasing the gold ornaments from the Court custody as per procedure U/s 451 of Cr.Pc. The opposite party is willing to repay the amounts to the customers and which was informed to the complainant also. The only prayer of the opposite party is to allow sufficient time to repay the money to the customers. The complainant is not entitled for compensation of Rs.1,00,000/- and cost of Rs. 25,000/-. The opposite party is ready and willing to allow the deposited amount with due interest.
8. The complainant and opposite party filed affidavit and documents. The documents on the side of complainant marked as Ext.A1& A2. Ext.A1 is copy of ledger /deposit/savings bank/ for the period from 01/04/2019 to 07/02/2020. Ext.A2 is of copy of ledger/deposit/savings bank/ for the period from 27/03/2018 to 22/02/2023. The documents on the side of opposite party marked as Ext.B1. Ext.B1 is copy of ledger/deposit/savings bank/ for the period from 27/03/2018 to 23/10/2020.
9. Heard complainant and opposite party. Perused affidavit and documents.
10. It is an admitted case that, the complainant has got an account with the opposite party and opposite party failed to refund the entire amount from the deposit of the complainant. The opposite party explained in detail that there was malpractice from the side of one of the employees of the opposite party and a criminal case is pending in the matter. Due to the malpractice and non availability of fund in the society, the opposite party failed to release the deposit of the complainant. The submission of opposite party is that there is no will full latches or deficiency in service on the part of the opposite party and opposite party is willing to refund the amount of the complainant then and there when the opposite party availing enough fund in the bank account. The only prayer is to grant sufficient time to repay the deposited amount of the complaint. The complainant herein filed additional affidavit stating that the opposite party is liable to issue Rs. 7,45150/- with interest. On the other hand, the opposite party admitted that they are liable to pay Rs.8,01,165/- to the complainant including interest. We accept the contention of the opposite party and find that the complaint is entitled Rs. 8,01,165/- till 31/03/2021 as state by opposite party. Neither the complainant nor the opposite party has stated the rate of interest of the amount. The submission of the opposite party is that they are ready and willing to pay the amount with due interest. The submission of the opposite party is right provided the amount was paid to the complainant when it was demanded by the complainant. So it will be reasonable to fix enhanced rate of interest due to the defective service from the side of opposite party. The Commission finds that the complainant is entitled to interest at the rate of 9% per annum for the amount of Rs. 8,01,165/-up to the date of order from 31/03/2021.
11. It is to be noted that, complainant is a small business man, relied the performance and service of the opposite party, deposited the amount. But the complainant could not utilise his deposited amount at his will and pleasure. The act of the opposite party amounts deficiency in service and unfair trade practice. Hence the complainant is entitled a reasonable amount as compensation and we fix the same as Rs. 50,000/-. The complainant also entitled cost of Rs. 5000/- also. It appears that the opposite party has taken appropriate steps to realise the amount from the person who caused all the inconvenience and hardships to the society. The prayer of the opposite party to grant a reasonable time to repay the deposited amount cannot be ignored. Hence the opposite party is allowed to take a reasonable time of 6 months to refund the deposited amount of the complainant.
12. Considering the entire facts circumstances and documents, we allow this complaint as follows:-
- The opposite party is directed to refund Rs. 8,01,165/-(Rupees Eight lakh one thousand one hundred and sixty five only) with interest at the rate of 9% per annum from 31/03/2021 to till date of this order.
- The opposite party is directed to pay Rs. 50,000/-(Rupees Fifty thousand only) as compensation to the complainant on account of deficiency in service and thereby caused inconvenience and hardships to the complainant.
- The opposite party is also directed to pay Rs. 5000/-(Rupees Five thousand only) as cost of the proceedings.
The opposite party is directed to comply this order as stated above within 6 months from today and in case the opposite party fails to do so the above said entire amount will carry interest at the rate of 12% per annum from the date of order to till the date of payment.
Dated this 30thday of May, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1& A2
Ext.A1 :Copy of ledger/deposit/savings bank/ for the period from 01/04/2019 to
07/02/2020.
Ext.A2 :Copy of ledger/deposit/savings bank/ for the period from 27/03/2018 to
22/02/2023.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Ext. B1
Ext.B1 :Copy of ledger/deposit/savings bank/ for the period from 27/03/2018 to
23/10/2020.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
