Orissa

Jharsuguda

CC/14/2015

Sri Prasanna Kumar Singh S/O-Late Purandra Singh - Complainant(s)

Versus

State Bank of India,Bandhbahal Branch - Opp.Party(s)

P.R.Singh Deo

24 Jun 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

                                        

CONSUMER  COMPLAINT  CASE NO. 14 OF 2015

 

Maa Samalei Truck Owners Association, Bandhabahal,

Represented through its President,

Prasanna Kumar Singh (48 Yrs.),

S/O: Late Purandar Singh,

At/PO: Bandhabahal, PS: Banharpali,

Dist-.Jharsuguda, Odisha…………………………………………..……………. Complainant.

     

                                           Versus 

 

 

State Bank of India, Bandhabahal Branch,

Bandhabahal, PS: Banharpali

Dist: Jharsuguda, Odisha……………......................................................... Opp. Party.

 

Counsel for the Parties:-

 

For the Complainant                                      Shri P.R.Singhdeo, Adv. & Associates.

For the OPP.Party                                         Shri K.C.Agrawal, Adv. & Associates.

 

Date of Order: 24.06.2015

                                                           

                                                                                                     Present

 

                                                                                  1. Shri S.L. Behera, President.

                                                                                 2. Shri S.K. Ojha, Sr.Member.

                                                                                 3.Smt. A. Nanda Member(W)

                                           

Shri S.L. Behera, President: -  The brief facts of the complaint case is that, the complainant is the president of an organization namely Maa Samalei Truck Owners Association, Bandhabahal which has been registered under Society Registration Act,1860.  The said organization has a bank account with the O.P bearing account No. 31502408703.  There is an election dispute related to this Association pending before various courts of law and the ADM-cum-Registrar of Society has not recognized any other person as the office bearers except the present office bearers who are with the complainant.  On dtd. 21.02.2015 some unknown culprits managed to withdraw a sum of Rs.20,000/- only from the said bank account of the Association by using withdrawal slip without pass book and cheque and misappropriated the same being collided with the O.P .  The complainant intimated to the O.P about the said fact but the O.P did not take any heed, hence this case.

 

Being noticed the O.P appeared through his counsel and filed written version admitting the fact of bank account but denied for any deficiency in service as alleged by the complainant.  The O.P submitted that he has not received any direction or order from any court of law or any authority.  The O.P further submitted that on dtd. 18.02.2015 one Akhil Kumar Swain who was claiming to be the newly elected president of the said Maa Samalei Truck Owners Association along with other office bearers presented there Election Officers certificate No.2 and 5 dtd. 28.01.2014, presented letter dtd. 18.02.2015, copy of letter of ADM, Jharsuguda dtd. 11.02.2015, Copy of Compliance of letter of ADM, Jharsuguda dtd. 11.02.2015, Copy of Election Officer’s certificates, Copy of identity card of the aforesaid applicants.  On the strength of above mentioned documents the O.P allowed to withdraw Rs.20,000/- only infavour of Akhil Kumar Swain the newly elected president on dtd. 21.02.2015 to organise “Safety Driving Awareness Camp” on signatures of Santosh Kumar Mohanty and Sanjay Kumar Behera on behalf of the Association.  On raising claim by the complainant the O.P intimated through letter to Santosh Kumar Mohanty to return the said Rs.20,000/- only which he has deposited on dtd. 24.03.2015 in the Bank Account of the Association.  In view of rival claims by the old office bearers represented by Sri Prasanna Kumar Singh and others on the one hand and Sri Akhil Kumar Swain and other claiming to be the present office bearers on the other hand and litigations sub-judice in Civil Court / Hon’ble Forum concerning the election of the executive body of the Association, the O.P bank as per its norms and practice has stopped operation in the said S.B. account of the Association until a clarification is received from competent statutory authority. Rs. 20,000/- only has already been credited in the said bank account of the Association as alleged by the complainant thus denying all the allegation of complainant prayed for dismissal of case.     

               During pendency of the case, in between filing of complaint petition and submitting of written version by the O.P one intervener namely  Akhil Kumar Swain, S/O. Debraj Swain entered into the case by filing his intervener petition  along with various other relevant documents  stating that, he along with other office bearers have newly elected in a general body meeting of  Maa Samalei Truck Owners Association, Bandhabahal vide  Election Officer’s declaration dtd. 12.02.2015 and vide a General Body Resolution dtd. 18.02.2015 which has been formed as per Bye-law of association and duly submitted the report U/S-4 of the Society Registration Act,1860 filed before the learned Additional District Registrar of Societies, Jharsuguda.  As the O.P had not filed his written version at that time and keeping the purview of the Consumer Protection Act,1986 regarding binding of hands of Consumer Foras in deciding the proper right, title and interest of the parties, the newly intervener petition was rejected and posted for further procedures.

 

Further the present complainant prayed to file some vital documents which were to be obtained from Additional District Magistrate, Jharsuguda and also prayed to dispose the Interim Petition filed earlier. Keeping the view of present circumstances, the said Interim Petition filed by the complainant was rejected and disposed of and posted for final hearing.

Heard from the parties and perused the case record with documents available. The allegation of the complainant on O.P is regarding Rs. 20,000/- only which the O.P had allowed to withdraw for some other person/s who were said to be the newly elected President and other office bearers, but on request of O.P the said newly elected President and others who withdrawn the amount have deposited / credited Rs.20,000 /- only in the Bank Account of Maa Samalei Truck Owners Association, Bandhabahal. The complainant filed this case for getting relief regarding fraudulently withdrawn of Rs.20,000/- only by some other culprits but  the O.P made cleared that the unknown person who could withdrawn the said amount are no body but they are said to be the newly elected governing body of the said association who has immediately credited the said withdrawn amount of Rs.20,000/- on the Bank account of Association. 

After crediting the withdrawn amount of Rs.20,000/- only the main purpose of the complainant has been fulfilled and the O.P is no more liable for any deficiency in service as per his above mentioned activities.

In view of above facts and circumstances we are in considered opinion to dismiss the case with no costs.

 

Accordingly the case is disposed of.

 

Order pronounced in the open court today on this the 24^rd   day of June 2015, copy of this order shall be supplied to the parties as per Rule.

 

                                               I Agree,                                        I Agree,

 

   S. K. Ojha, Sr. Member           A.Nanda, Member(W)               S.L.Behera, President      

                                                Dictated and corrected by me.

 

                                                    S. L. Behera, President.