SRI. K. ANIRUDHAN (MEMBER) Sri. Sailendran Nair has filed this complaint, on 28.03.2007 against the opposite parties alleging deficiency in service in return the deposited amount. The allegations of the complainant are as follows:- He was an employee of the opposite party Bank from 16.03.1981 to 16.07.1998. Since he got job in the District Co-operative Bank, Alappuzha; he resigned from the Bank and joined the District Co-operative Bank. At the time of his resignation from the service of his Bank he was entitled to get a sum of Rs.82,966/- towards his service benefits. When contacted to withdraw the amount, 2nd opposite party after obtaining necessary voucher for Rs.82,966/- from him and requested him to deposit the said amount in their “Athlya Deposit Scheme” for a period of 5 years. Believing the assurance of the 2nd opposite party; he had deposited his service benefit of Rs.82.966/- on 01.04.2000 in the said scheme of the Bank. The 2nd opposite party issued Athulya Deposit Receipt No.661 dt. 01.04.2000 to him. As per the scheme, the deposit amount will be matured on 01.04.2005. After maturity date; he had presented the receipt for payment through the District Co-operative Bank, Pallippad Branch. But it was returned without payment. He has not obtained the deposited amount. Hence this complaint seeking relief. 2. Notices were issued to the opposite parties. They entered appearance before this Forum and filed version. 3. In the version, they have admitted that the complainant was an employee of their society and left for joining in the District Co-operative Bank in the year 1998, and that terminal benefit was payable to him on his leaving the society, and denied the deposit of the amount in the Athulya Deposit Scheme on 01.04.2000. It is stated that the complainant managed to make certain, false and forged entries in the registers of the society as if to appear that he deposited the said amount as an FD for 5 years. The committee which met on 19.01.2001, decided to disburse the terminal benefits payable to the complainant. So his contention that he deposited the amount much prior to that day can never be true. It is stated in the Audit Report for the year 2002-03, the auditor has noticed that without an entry in the Day Book relating to that deposit, an FD receipt had issued to the complainant, and it was done by the complainant for claiming huge amount. It is stated that as per the request of the complainant, the Asst. Registrar of the Co-operative Society had passed an order dt. 30.06.2005 to pay the terminal benefits payable to the complainant and they are willing to pay the said amount and he has no right to approach this Forum. It is further stated that the so called fixed deposit receipt is a forged document; and they have not accepted any amount on 01.04.2000 as fixed deposit, and they have no liability to pay the amount of Rs.1,65,932/- as claimed by the complainant. It is further stated that the complainant has not sustained any damages, and he has no cause of action. 4. Considering the contentions of the opposite parties, this Forum has raised the following issues:- 1) Whether there is any deficiency in service or negligence on the part of the opposite parties? 2) Whether the complainant is entitled to get back the deposited amount with interest? 3) Whether the complainant is entitled to get punitive damages and costs for this proceedings? 5. Issues 1 to 3:- Complainant has filed proof affidavit in support of his case along with documents and he has been examined and cross examined by the opposite parties. The documents produced marked as Exts.A1 to A4. Ext.A1 is the copy of the Athulya fixed deposit receipt issued by the opposite parties to the complainant (A/c No.661). The receipt was issued on 1.4.2000 which shows that the opposite parties had received a sum of Rs.82,966/- from the complainant under the Athulya deposit scheme payable after 61 months. The receipt shows that its monitory value was Rs.1,65, 932/- ( date of maturity 1.4.2005). The receipt was signed by the Secretary and Accountant and it was sealed. Ext.A2 is the copy of memo dt. 28.4.2005 issued by the Branch Manager, Alappuzha District, Co-operative Bank, Pallippad Branch, that the cheque for Rs.1,65,932/- was returned without encashment. Ext.A3 is the copy of petition dt. 2.1.2006 before the Asst. Registrar, Co-operative Societies, Alappuzha by the complainant, for taking steps to get the maturity amount with interest. Ext.A4 is the copy of the chalan receipt dt. 2.1.2006 showing the remittance of Rs.1500/- by way of arbitration fee before the Asst. Registrar, Co-operative Societies (General), Alappuzha. 6. Opposite parties have not produced any proof affidavit and they submitted before the Forum that they have no oral evidence. But they have produced 10 documents and submitted to mark the same as Exts.B1 to B10 documents marked. Ext.B1 is the voucher for Rs.50088/- by way of Gratuity singed by the complainant in favour of the opposite party’s bank. Ext.B2 is the voucher for Rs.32,878/- by way PF signed by the complainant in favour of the Bank. Ext.B3 is the copy of Minutes of the Board of Directors dt. 14.8.2001. It shows the steps to release the service benefits of the complainant from the said Bank. Ext.B4 is the copy of the Audit Report (Page No.5c). It shows that they have included the amount in the respective ledger. Ext.B5 is the copy of the order dt. 28.6.2005 of the Asst. Registrar General, Co-operative Societies, Alappuzha. It shows that the Asst. Registrar had given necessary instruction to the opposite parties to disburse the disputed amounts to the complainant. Ext.B6 is the order dt. 30.6.2005 of the Asst. Registrar, Co-operative Societies, Alappuzha to the opposite party in connection with the details of service benefits payable to the complainant. Ext.B7 is the copy of the deposit register kept by the opposite parties. Ext.B8 is the copy of the memo dt. 10.3.2003 issued to one Gopalakrishnan Nair in connection with the irregularities committed by him in the said Bank of the opposite parties. Ext.B9 is the copy of the memo dt. 17.4.2003 issued to the said Gopalakrishnan Nair in connection with the irregularities. Ext.B10 is the copy of the memo dt. 18.4.2005 issued to the said Gopalakrishnan Nair in connection with the misappropriation of the deposited amount of the complainant. 6. We have heard the matter in detail and perused the entire documents produced by both the parties in evidence and examined the same. In this case, it can be seen that the complainant was an employee of the opposite party’s bank. Since he got a job in the District Co-operative Bank, he resigned the post in the opposite party’s bank. At the time of the resignation from the service of the Bank of the opposite party, he was entitled to get a sum of Rs.82,966/- as service benefits. As per the assurance of the Secretary of the said bank at that time he had deposited the service benefit of Rs.82966/- in the Bank, after executed the necessary voucher. The deposit was for 5 years and it included in the scheme of Athulya deposit. The opposite parties had issued fixed deposit receipt to the complainant for the said amount (Ext.A1). As per the scheme the said deposit amount will be matured on 1.4.2005 for the maturity value for Rs.1,63,932/-. The complainant submitted the deposit receipt through Alappuzha District Co-operative Bank (Pallipad Branch) for payment. But it was returned without payment (Ext.A2). In this respect it is to be noticed that the opposite parties had not paid the maturity value by raising unnecessary allegations of forgery committed by the complainant in the Bank. The complainant had no connection with the said Bank after his retirement. It is further seen that the fixed deposit receipt was signed by the Secretary of the Bank and the Accountant and they have included the deposit amount in their Ledger also (Ext.B7). Ext.B5 also shows that the Asst. Registrar, Co-operative Societies, Alappuzha had directed the opposite parties to take urgent necessary steps to release the deposit amount payable to the complainant. Instead of payment of the maturity value to the complainant, the opposite parties have raised unnecessary contentions against the complainant and denied payment. The documents produced by the opposite parties, cannot be accepted for the stand taken by the opposite parties in connection with the denial of return of the deposited amounts. We have perused those documents produced by both parties, carefully along with the facts and circumstances of this case. The whole action taken by the opposite parties in this matter are highly illegal, arbitrary and unauthorized. The opposite parties have no right to retain the amounts on the strength of flimsy ground and without any truth. If any irregularities, committed by the officers of the said bank of the opposite parties in keeping the accounts and other documents, the complainant or his deposited amounts will not be responsible for that. The complainant is fully entitled to get back the maturity value from the opposite parties. The opposite parties are jointly and severally liable for the return of the repayment of the deposited amounts. The contentions raised by the opposite parties cannot be accepted, since it has no locus standi and have no bona fides. The whole actions of the opposite parties in this matter shows that there is grossest deficiency in service and culpable negligence on the side of the opposite parties. For this, the opposite parties are jointly and severally liable to pay compensation and cost, including punitive damages to the complainant. So we are of the view that the complaint is to be allowed. All the issues are found in favour of the complainant. In the result, the complaint is allowed. Hence, we hereby direct the opposite parties to return the maturity value of Rs.1,65,932/- (Rupees one lakh sixty five thousand nine hundred and thirty two only) to the complainant with 12% interest from 01.04.2005 till the date of payment of the entire amount and pay a sum of Rs.10,000/- (Rupees ten thousand only) as compensation for the mental agony, inconvenience, loss, sufferings, physical strain of the complainant due to the willful negligence and grossest deficiency in service, by way of refusal to return the maturity amount in time by raising unnecessary allegations against the complainant and cheating by the opposite parties and also pay a sum of Rs.10,000/- (Rupees ten thousand only) as punitive damages to the complainant together with a sum of Rs.2000/- ( Rupees two thousand only) to the complainant as costs of this proceedings. We further direct that the complainant is free to realize the amounts from the assets of the opposite parties. We further direct the opposite parties to pay the above said amounts to the complainant within 30 days from the date of receipt of this order. Pronounced in open Forum on this the 28th day of February. 2010. Sd/-Sri. K. Anirudhan: Sd/- Sri. Jimmy Korah: Sd/- Smt.N.Shajitha Beevi: Appendix:- Evidence of the complainant:- PW1 - Sailendran Nair (Witness) PW2 - Gopalakrishnan Nair (Witness) Ext.A1 - True copy of the Athulya fixed deposit receipt Ext.A2 - Copy of the memo dt. 28.4.2005 Ext.A3 - Copy of petition dt. 2.1.2006 Ext.A4 - Copy of the chalan receipt dt. 2.1.2006 Evidence of the opposite parties:- Ext.B1 - Copy of the voucher for Rs.50088/- Ext.B2 - Copy of the voucher for Rs.32878/- Ext.B3 - Copy of Minutes of the Board of Directors dt. 14.8.2001 Ext.B4 - Copy of the Audit report (Page No.5c) Ext.B5 - Copy of the order dt. 28.6.2005 of the Asst. Registrar (General) Ext.B6 - Copy of the order dt. 30.6.2005 of the “ “ Ext.B7 - Copy of the deposit register kept by the opposite parties Ext.B8 - Copy of the memo dt. 10.3.2003 Ext.B9 - Copy of the memo dt. 17.4.2003 Ext.B10 - Copy of the memo dt. 18.4.2005 // True Copy // By Order Senior Superintendent To Complainant/Oppo. Parties/S.F.
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| | [HONORABLE K.Anirudhan] Member[HONORABLE JIMMY KORAH] PRESIDENT[HONORABLE Smt;Shajitha Beevi] Member | | 
