BEFORE THE DISTRICT CONSUMER FORUM : WARANGAL
Present: Sri D. Chiranjeevi Babu,
President.
Sri N.J. Mohan Rao,
Member
And
Smt. V.J. Praveena,
Member.
Monday, the 7th day of July, 2008.
CONSUMER DISPUTE NO. 98/2005
Between:
Mohd.Zainalabuddin, S/o Mohd.Sarwar,
Age: 50 years, Occ: Business,
R/o H.No.6-2-251, Zain Shopping Complex,
Hanamkonda,
Warangal.
… Complainant
AND
1. State Bank of India,
Rep. by its Manager,
Branch Battala Bazar,
Warangal.
2. State Bank of India,
Rep. By its Chief General Manager,
Sultan Bazar,
Hyderabad Zone.
… Opposite Parties
Counsel for Complainant : Sri Syed Jaffer Ahmed, Advocate.
Counsel for the Opposite Parties : Sri T. Venkateshwar Rao, Advocate.
This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.
ORDER
Sri D. Chiranjeevi Babu, President.
This is a complaint filed by the complainant against the Opposite parties under section 12 of Consumer Protection Act, 1986 for a direction to pay an amount of Rs.1,00,000/- with interest and Rs.25,000/- towards damages.
The brief averments contained in the complaint filed by the complainant are as follows:
The case of the complainant is that the complainant has taken (2) F.D.Rs. from Opposite party No.1 for a sum of Rs.13,190/- each, the maturity date was 2-2-99 and 23-6-99 for a period of 10 years. But in this period the complainant’s wife died and due to such shock and burden of the children the complainant could not encash the same and he went to Bombay for livelihood and lived at about 2 years. In the year 2001 the complainant approached Opposite party No.1 for encashing the above F.Drs. The Opposite party No.1 has told the complainant to approach some other time. The complainant got issued legal notice to Opposite party No.1. The opposite party No.1 replied that the F.Drs,. are credited into the complainant’s S.B.Account No.3472 but the complainant stated that the said amount is not credited in his account. Later he filed this case before this Forum.
Opposite party No.2 filed the Written Version contending in brief as follows:
The opposite parties have already paid an amount of Rs.55,386/- which were credited on 8-2-95 into S.B.Account No.3478 of the complainant by way of premature encashment and copy of the statement each is filed i.e, Ex.B-1 and contra entry in the bank’s transfer scroll reflecting the transfer on the same day ie., 8-2-95 is final herewith as Ex.B-2. The said amount was encashed by the complainant, since already the complainant received the entire amount, the question of payment of Rs.1,00,000/- does not arise as per the Opposite parties version.
Opposite party No.1 filed a Memo adopting the Written Version of Opposite party No.1.
The complainant in support of his claim, filed his Affidavit in the form of chief examination and also marked Exs.A-1 to A-6. On behalf of Opposite parties one G.V. Sastry filed his Affidavit in the form of chief examination and also marked Exs.B-1 and B-2.
Now the point for consideration is whether the complainant is entitled to get an amount of Rs.1,00,000/- with interest @12% p.a. from 23-6-99, grant Rs.25,000/- towards damages with costs.
After arguments of both side counsels, our reasons are like this:
In this case Ex.B-1 and B-2 those documents are Statement of account and entry in Bank Transfer Scroll. It clearly goes to show that the cash certificate No.063582, dt.2-2-1989 and another certificate aggregating to Rs.55,386/- were credited on 8-2-95 into S.B.Account NO.3478 of the complainant by way of premature encashment. So it is false that there were any Fixed Deposit receipts which were matured for payment on 2-2-99 and 23-6-99. The complainant did not wait till the maturity period. He had infact received payment before maturity period by way of credit to his S.B.Account dt.8-2-95. So the complainant could not approach the bank immediately after the date of maturity of the two cash certificates is false. Having already received payment of the proceeds of the cash certificates by way of credit to his S.B.Account, the complainant was not entitled to once again approach the opposite party for payment for the only reasons that he has original cash certificate. Further if he really he has not received the amount of Rs.55,386/- certainly he has to file his original pass book before this Forum or it has to be shown to the bank authorities. But surprisingly in the cross examination of PW-1 it is clearly mentioned that he has torned his S.B.Acount Pass book prior to issuing of legal notice i.e, Ex.A-4 dated 18-3-04. So it clearly goes to show that already he received an amount of Rs.55,386/- and further his cross examination shows that he has no idea since 1994 to till his closure of his Account in S.B.I. Battala Bazar, Warangal, whether he has deposited any amount exceeding Rs.50,000/- at any time. For the first time he has taken 2 F.D.Rs. i.e., Ex.A-1 and A-2 from Opposite party No.1. On the maturity dates of Ex.A-1 and A-2 he was not in need of amount that is the reason only he did not go to Opposite party No.1 for receiving of maturity amount of Ex.A-1 and A-2. Further he clearly mentioned that it is true as per Ex.B-1 from July, 1992 to 22nd April, 1997 during that period he has not deposited any amount excess of Rs.700/-. And further he stated that he do not know whether the bank authorities has credited an amount of Rs.55,386/- in his S.B.Account on 8-2-95 and he has admitted that he might be true that he has withdrawn subsequently after his amount credited by bank in his account and he has withdrawn the following amounts i.e, on 8-2-95 Rs.5,000/-, 18-2-95 Rs.5,000/-, 29-2-95 Rs.3,000/-, 29-2-96 Rs.3,000/-, 24-2-96 Rs.22,000/- and 8-4-96 Rs.15,000/-. So as per his cross examination it is clear that he does not know whether he has deposited an amount excess of Rs.700/-, so it clearly goes to show that an amount of Rs.55,386/- certainly credited in the account of the complainant by the bank authorities only i.e, Opposite party under Ex.A-1 and EX.A-2. And further as per we have already stated supra with regard to his pass book, if really if he has not withdrawn the amount certainly he has to file his pass book before this forum and he has tobe shown to the Bank Officials. But surprisingly the answer of the complainant is that he has torned the pass book, why he has torned he himself knows about it. Since as per evidence of PW-1 in his cross examination it clearly goes to show that above 700/- he has not deposited any amount in the bank. It clearly goes to show that he himself withdrawn the same amount of Rs.55,386/- under Ex.A-1 and A-2 and further the amount is only premature encashment as per Ex.B-1 and B-2. The amount of Rs.55,386/- prematured amount encashed which is credited by the bank in the account of the complainant. Since already the complainant received an amount under Ex.A-1 and A-2 again he filed this complaint in wrongful manner, so the complainant is not entitled to get anything from the Opposite parties as he already received the entire amount under Ex.A-1 and A-2.
For the foregoing reasons given by us, we come to the conclusion that since already the complainant received an amount of Rs.55,386/- under Ex.A-1 and A-2 as such the complainant is not entitled anything from the opposite parties. Hence, we answered this point accordingly in favour of opposite parties.
Point No.2: To what relief:- The first point is decided in favour of opposite parties against the complainant, this point also decided in favour of opposite parties against the complainant.
In the result, there are no merits in the complaint filed by the complainant and accordingly the same is dismissed, but without costs.
(Dictated to the Stenographer, transcribed by her, corrected and pronounced by us in the open Forum today, the 7th July, 2008).
Sd/- Sd/- Sd/-
Member Member President,
District Consumer forum, Warangal.
Appendix of Evidence
Witnesses examined.
]
On behalf of Complainant On behalf of Opposite Parties
Affidavit of complainant and deposition Affidavit filed on behalf of O.P.1
EXHIBITS MARKED
On behalf of complainant
- Ex.A-1 Original Case Certificate of complainant, dt.2-2-89.
- Ex.A-2 Original Case Certificate of complainant, dt.23-6-89.
- Ex.A-3 Letter from Complainant to Opposite party No.1, dt.25-8-03.
- Ex.A-4 O/c of legal notice issued to Opposite parties, dt.18-3-04.
- Ex.A-5 Reply notice to legal notice, dt.6-4-04.
- Ex.A-6 Reply notice to legal notice, dt.9-4-04.
On behalf of Opposite parties.
- Ex.B-1 Statement of Account of Opposite parties.
- Ex.B-2 Entry in the transfer scroll.
Sd/-
President.
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