The branch manager filed a consumer case on 23 Jun 2023 against Ponnusamy in the StateCommission Consumer Court. The case no is A/581/2022 and the judgment uploaded on 23 Aug 2023.
IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.
Present: Hon’ble THIRU JUSTICE R. SUBBIAH : PRESIDENT
THIRU R VENKATESAPERUMAL : MEMBER
F.A. No.581 of 2022
(Against the Order passed in C.C. No.23/2021 dated 24.08.2022 on the file of the D.C.D.R.C., Krishnagiri)
Dated the 23rd day of June 2023
The Branch Manager,
State Bank of India,
Dharmapuri Town Branch,
Dharmapuri District. .. Appellant / Opposite party.
- Versus –
Ponnusamy,
S/o. Mr. Pachiappan,
Sekkodi Village,
Padi Post,
Palacode Taluk,
Dhamapuri District. .. Respondent / Complainant.
Counsel for Appellant / Opposite Party : M/s. Shivakumar & Suresh
Counsel for Respondent / Complainant : M/s. S. Velmurugan
The Respondent as complainant has filed a complaint before the District Commission against the opposite party praying for certain directions. The District Commission had passed an ex-parte order, allowing the complaint. Against the said ex-parte order, this appeal is preferred by the opposite party praying to set aside the order of the District Consumer Commission dt. 24.08.2022 in C.C. No.23/2021.
This petition came before us for hearing finally, today. Upon hearing the arguments of the counsel appearing for both parties, perusing the documents, lower court records and the order passed by the District Commission, this Commission made the following order in the open court.
ORDER
Thiru. R VENKATESA PERUMAL, MEMBER (Open Court)
1. The opposite party before the District Commission is the appellant herein.
2. The case of the complainant before the District Commission is that the complainant is having SB A/c with the opposite party vide No.31023098986. The complainant applied for the Personal Loan account with the opposite party bank on 08.12.2020. Hence, the opposite party bank checked the CIBIL score of the complainant and found that the complainant pan card has been wrongly registered in the education loan account of one Mr. Ponnu. Hence the opposite party informed the complainant that only after rectification of the same, he can avail the Personal Loan facility. But Mr. Ponnu is not known to the complainant. The complainant stated that the opposite party has negligently linked the PAN number of the complainant with the SB A/c number of the Mr. Ponnu at the time of opening his account and availing the educational loan. The act of the opposite party caused great mental agony. Hence, the complainant issued legal notice dt 15.02.2021 to the opposite party. The opposite party has received the notice but not send any reply. Thereafter, alleging deficiency in service on the part of the opposite party, the complainant had filed a complaint before the District Commission claiming a sum of Rs.3,00,000/- towards compensation for mental agony and sufferings etc to the complainant.
3. Though notice has been served on the opposite party, he has not chosen to appear before the District Commission and hence, the opposite party was set exparte. Consequently, the District Commission passed an ex-parte order directing the opposite party to pay a sum of Rs.50,000/- towards compensation for mental agony and cost of Rs.5,000/- to the complainant failing which, the award amount except cost shall carry interest at the rate of 9% p.a. from the date of complaint till realization to the complainant.
4. Aggrieved over the said order, this appeal is preferred by the opposite party praying for setting aside the order and for a chance to contest the case on merits.
5. Before this Commission, the counsel for the appellant / opposite party submitted that there is no deficiency of service on the part of them and that they have got valid defence and a fair chance of succeeding in the complaint. Further, due to the tedious situation that prevailed due to Covid-19 along with travel restrictions imposed by the Government, the Appellant Bank was functioning with very limited staffs and the premises of the appellant bank was closed on several occasions. Hence, the appellant Bank / opposite party was not in position to file its written version on time. Hence, the appellant / opposite party was set exparte before the District Commission. Therefore, the opposite party sought to set aside the order of the District Commission and prayed for an opportunity to contest the case on merits.
6. When the case had come up before this Commission on 12.06.2023, after hearing the submission of the both parties, this Commission had felt that there is some force in the arguments of the counsel for the appellant / opposite party and therefore, in order to give a chance to the opposite party to agitate their right on merits, was inclined to allow this appeal by remanding the matter to the District Commission, to dispose of the case on merit.
However, considering the lethargic attitude of the opposite party, in not appearing before the District Commission, we imposed a cost of Rs.3,000/- to be paid to the Legal Aid Account of the State Commission on or before 22.06.2023. Today, when the matter appeared in the list it was reported that the condition imposed by this Commission has been complied with. Hence, this appeal is allowed today by remanding back the complaint to the District Commission for fresh disposal according to law.
In the result, the appeal is allowed by setting aside the order of the District Consumer Commission, Krishnagiri in C.C. No.23/2021 dt.24.08.2022 and the matter is remanded back to the District Consumer Commission, Krishnagiri for fresh disposal according to law and on merits after hearing both sides.
Both parties are directed to appear before the District Consumer Commission, Krishnagiri on 24.07.2023 for further proceedings. The appellant / opposite party is directed to file Vakalath, Written Version, proof affidavit, written arguments and documents if any on the same day itself.
The District Commission is directed to dispose of the complaint on merits within three months after hearing both parties as expeditiously as possible as per law.
Both parties shall abide by the order of the District Commission regarding the mandatory deposit already made by the appellant / opposite party before this Commission.
R VENKATESAPERUMAL R. SUBBIAH
MEMBER PRESIDENT
Index : Yes/ No
KIR/SCDRC/Chennai/Orders/June/2023
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