By Sri. MOHANDASAN.K, PRESIDENT
1. The complainant has got account with the opposite party bank and his saving bank account number is 9144. On 29/01/2018 there was 1,94,115/- rupees in his account the complainant approached the opposite party several time to release the amount. The reply was there is no sufficient amount to release as per his request. Thereafter the complainant filed a complaint before assistant registrar (general), Tirur and that time there was 1,93,065/-rupees in his account. The assistant registrar instructed the complainant to approach the opposite party with documents. Thereafter complainant approached the opposite party several times but paid only meagre amount of rupees 500/- and 1000/- rupees on different occasions. During 2020 November there was 1,34,343/- rupees in his account. The prayer of the complainant is to direct the opposite party to pay Rs.1,34,343/- to the complainant along with cost and compensation of Rs.2,00,000/- on account of deficiency in service.
2. On admission of the complaint notice was issued to the opposite parties and on receipt of notice they entered appearance and filed version. The opposite parties denied the entire averments and allegations in the complaint.
3. The opposite parties admitted that the complainant has got savings account with the opposite party and there was a deposit of Rs. 1,94,115/- in his account. But the averment that while requested for refund of the amount the opposite party directed the complainant to approach later, and the same processes repeated several times is not correct. The opposite party also denied the averment that the complainant approached assistant registrar (general) Tirur and filed complaint, there was 1,93,065/- rupees , there was gross negligence on the part of opposite party, there was direction by the assistant registrar on 30/05/2018 to approach the opposite party, thereafter several times approached the opposite party, there was no positive response from the side of opposite party, rupees 500/- and 1000/- were paid to the complainant, there was rupees 1,34,343/- in his account etc .
4. The opposite party submitted that the complaint is not maintainable before Consumer Disputes Redressal Commission. If there is any grievance against the opposite parties, the complainant ought to have approached the assistant registrar or joint registrar. There is no bar before the complainant to approach the above authorities. The attempt of the complainant is only to harass the opposite party and so the complainant is not entitled to get any relief as prayed in the complaint.
5. The complainant and opposite parties filed affidavit and documents. The documents on the side of complainant marked as Exts. A1 to A4. Ext. A1 (series- 2 in number) are letters from assistant registrar (general) co-operative societies, Tirur to the complainant dated 30/05/2018 and notice issued by the unit inspector Tanur unit to the complainant dated 14/05/2018. Ext. A2 is copy of pass book of account No.9144. Ext. A3 is e-mail copy of complaint dated 18/01/2020. Ext. A4 is copy of letter issued by assistant registrar general, Tirur issued to the opposite party dated 15/07/2021. The opposite party did not file any document.
Heard complainant and opposite parties and perused the documents.
6. The issues involved in this complaint is whether the complainant has got deposit of Rs.1,34,343/- with the opposite party as claimed by the complainant and is there any deficiency in service on the part of the opposite parties and relief and cost.
7. The complainant filed proof affidavit along with documents Ext. A1 to A4. Ext. A2 reveals that the complainant has got deposit of Rs.1,34,343/- in his account. The assistant registrar (general), Tirur had instructed complainant to approach the opposite party to release his deposit from saving bank account. The complainant issued e-mail letter to the assistant registrar (general), Tirur on 18/01/2020 stating that he has got an amount of Rs.1,34,684 in his account and opposite party is not releasing the same and so demanding action against opposite party. The complainant had approached the chief minister’s public grievance redressal cell and there was direction to the bank to resolve the issue by releasing the amount to the complainant. Ext. A4 is the letter of assistant registrar (general) Tirur directing the opposite party to pay the amount to the complainant. It can be seen that the opposite party has not produced any document but there is a flat denial of the averment in the complaint. It is also contended by the opposite party that the proper Forum for the redressal of the complaint is not Consumer Disputes Redressal Commission but assistant registrar or joint registrar of co-operative societies. But it can be seen that the complainant knocked all the doors but no solution for the grievance of the complainant. It can be seen that as per the affidavit and documents, the complainant has got account with opposite party and there is an amount in his account Rs.1,34,343/- as stated in the complaint. So, we find that the complainant could establish his case through affidavit and documents. The complainant appears running behind the opposite party for his hard-earned money for a long period. But the opposite party totally evaded the genuine claim of the complainant and as a last resort, the complainant approached this commission for the redressed of his grievance. It is a well settled position that the Consumer Commission has got power to entertain a complaint like this since it is an additional remedy provided in the Consumer Protection Act. Hence, we find the complaint is entitled his deposited amount along with compensation and cost on account of deficiency in service on the part of the opposite parties. The Commission inclined to allow this complaint as follows:-
- The opposite parties are directed to pay Rs.1,34,343/- to the complainant which is in the account of the complainant maintained with the opposite party.
- The opposite parties also directed to pay Rs.50,000/- to the complainant as compensation on account of deficiency in service on the part of the opposite parties.
- The opposite parties are directed to pay Rs.5,000/- to the complainant as cost of the proceedings.
The opposite party shall comply this order within one month from the date of receipt of copy of this order, failing which the above said entire amount will carry interest @ 9% per annum from the date of filing this complaint till realization.
Dated this 10th day of August, 2022.
Mohandasan . K, President
PreethiSivaraman.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 to A4
Ext.A1: (series) is letter from the assistant registrar (general) Tirur to the complainant dated 30/05/2018 and notice issued by the unit inspector Tanur unit to the complainant
dated 14/05/2018.
Ext.A2: Copy of pass book of account No.9444.
Ext A3: email copy of complaint dated 18/01/2020.
Ext A4: Copy of letter issued by assistant registrar general Tirur issued to the opposite
party dated 15/07/2021.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan K., President
PreethiSivaraman C., Member
VPH Mohamed Ismayil C.V., Member
