1.                     The brief facts of the case of the complainant are that he is duly appointed Cashier of M/s. Timber Dealers Association situated at M. G. Road, Jeypore and authorized by the association members to handle financial matters w.e.f. 13.08.1987 without further interference as life time Cashier.  It is submitted that the complainant is operating SB A/c of the association with OP.1 vide A/c. No.026010011003209 (Old A/c. No.3209) and also has made Fixed Deposits in the form of TDRs in the name of the association viz. (1) Andhra Bank Fortune R.I. Deposit Receipt No.114720100012039 dt.14.10.2010 for Rs.33, 411/-, (2) Andhra Bank R.D. Plus Receipt No.11472010012002 dt.14.10.2010 for Rs.5, 00,000/- and (3) Andhra Bank R.D. Plus Receipt No.11472010011997 dt.14.10.2010 for Rs.10, 00,000/- of the association with OP.1.  The above TDRs in the name of the association was misplaced from the possession of the complainant and on enquiry the complainant could know that the OP No.3 who is one of the members and close associate of the complainant has fraudulently possessed the TDRs and after depositing the same with OP.1, he got the same transferred to Ongole Branch of Andhra Bank (OP.2).  It is also submitted that the complainant made correspondences with Ops 1 & 2 to bring back the TDRs to OP.1 after furnishing the relevant documents but the prayer of the complainant is yet to be considered.  On approach to OP.3, he agreed to return the original TDRs but in vain.  Thereafter, the complainant got issued notice on OP.3 through his Advocate on 12.12.2015 but the OP.3 through his Advocate on 28.12.2015 denied return of receipts claiming to be the President of the Association and in the capacity of President the FDs were made.  Hence alleging fraudulent activities of OP.3 and deficiency in service on the part of OP.1 he filed this case praying the Forum to direct the Ops to re transfer the TDRs to OP.1 bank, to direct OP.3 not to interfere with the financial matters of the association and the Ops to pay Rs.10, 000/- towards costs to the complainant.

2.                     The OP.1 filed counter admitting that M/s. Timber Dealers Association, Jeypore is the SB account holder and has made 3 Fixed Deposits with OP.1 by Sri M. Koteswar Rao (OP.3) in the capacity of its President and the FDs were issued in his name as President of the association.  It is contended that after renewal by OP.3, he requested the OP.1 to transfer the FDs to Ongole Branch of Andhra Bank, Dist-Prakasham (AP).  Considering the request of OP.3, the FDs were transferred to CSR Sarma College Branch, Ongole and after renewal of the FDs; the original receipts were received by OP.3 from OP.2.  It is further contended that since the year, 1986, M/s. Timber Dealers Association had authorised the complainant to operate the accounts of the association but subsequently OP.3 was authorised to operate the accounts on behalf of the association but not the complainant.  The OP also contended that the FDRs are in the name of M. Koteswar Rao, President of the association but not as an individual and the complainant was failed to claim with the relevant documents on proper certification from the competent authority and hence the complainant is not competent to release the FDR amount and the OP.2 has handed over the FDRs as per banking rules to the President of the association.  Thus denying any deficiency in service on its part, the OP.1 prayed to dismiss the case of the complainant.

3.                     The OP No.2 has filed counter adopting the contentions made in the counter of OP.1 and the OP.3 in spite of valid notice neither filed counter nor participated in the proceeding in any manner and thus remained ex-parte in this proceeding.

4.                     Parties have filed certain documents in support of their cases.  The complainant has filed affidavit in support of his case.  Heard from the parties through their respective A/Rs and perused the materials available on record.

5.                     In this case it is an admitted fact that M/s. Timber Dealers Association, Jeypore is an account holder and has opened SB A/c. No.3209 and also has made three Fixed Deposits on 14.10.2010 vide Receipt No. 114720100012039 dt.14.10.2010 for Rs.33, 411/-, (2) Andhra Bank R.D. Plus Receipt No.11472010012002 dt.14.10.2010 for Rs.5, 00,000/- and (3) Andhra Bank R.D. Plus Receipt No.11472010011997 dt.14.10.2010 for Rs.10, 00,000/- of the association with OP.1.  The complainant stated that he has been nominated as lifetime Cashier of the association and duly authorised to operate the accounts and make fixed deposits.  As per said authorization, the complainant had made above 3 FDs with OP.1 and had kept the deposit receipts with him but it was misplaced.  On inquiry he could know that Mr. M. Koteswar Rao one of the members of the association has fraudulently possessed the FD receipts from the possession of the complainant and has transferred the same from OP.1 to OP.2 without having any authority.  The complainant also alleged that the OP.1 without verifying the authority has transferred the FDs to other branch of Andhra Bank at the instance of OP.3 who had no authority to do the same and had requested the OP.1 to bring back the FDs to its branch but to no action.  The Ops in their counter stated that they have done all those things as per banking rules.

6.                     From the above rival contentions, the following issues emerge importance for consideration for just decision of the case.  (1) Whether the complainant is the authorised person to maintain the accounts of the association with OP.1 on behalf of the said association?  (2) Whether the FDs were issued in the name of Mr.  M. Koteswar Rao as President of M/s. Timber Dealers Association?  (3)  Whether M/s. Timber Dealers Association has ever issued any instruction authorizing OP.3 to operate its accounts with OP.1?  (4)  Whether the Ops or any of the Ops committed any deficiency in service and if so as to what relief?

7.                     While deciding the first issue it is seen that M/s. Timber Dealers Assn., Jeypore was formed in the year, 1985-86.  Through an undated letter of the association members addressed to OP.1, the copy of which has been filed by the complainant, the said association has intimated the OP.1 authorizing the complainant, T. Nageswar Rao to operate the bank accounts of the association.  As many as 46 members of the association were the signatories of that letter.  Further the complainant has filed a copy of an authorization letter dt.12.8.1987 containing signature of 56 members through which the members specifically declared and nominated Sri T. Nageswar Rao as their lifetime Cashier and authorized him to operate Andhra Bank A/c. bearing No.3209 at Jeypore and also to make FDs and withdraw the same as and when required.  The association members also further declared that this authorization with be with the Cashier and if anybody demands, he will produce the original.  In order to clarify the stands of above two documents, the association through its Secretary has also issued the copy of Resolution No.3 dt.06.1.2017 to OP.1 reiterating that Sri T. Nageswar Rao as their Cashier is authorized to operate SB a/c No.3209 and also operate FDs held with OP.1.  In the above facts and circumstances, it was ascertained that the complainant, Sri T. Nageswar Rao was/is the Cashier of Timber Dealers Association, Jeypore and he was/has been authorized to  operate SB along with FD accounts of the association with Andhra Bank (OP.1).  As such this issue goes in favour of the complainant.

8.                     The Issue No.2 is whether FDs were issued in the name of Mr. M. Koteswar Rao as President of M/s. Timber Dealers Association.  It is seen from the counter of Ops at Para-2 as well as from reply of OP.3 dt.28.12.2015 to the legal notice dt.12.12.2015 of the complainant that FDs were issued in the name of Mr. M. Koteswar Rao as President of the said association.  In support of above contentions, the Ops have not filed a single document.  From the counter of Ops it was ascertained that the original receipts were received by OP.3 from OP.1 on 10.9.2004 vide Letter No.260/44/Dep. of OP.1.  On perusal of said letter filed by the OP it was revealed  that after renewal of one term deposit, the bank has sent the receipt with above covering letter  in the address of President.  The said letter does not reveal about 3 FDRs now in question.  Further the letter does not reveal that Mr. M. Koteswar Rao has received a TDR from OP.1 personally with due acknowledgement and no such evidence is addced by the Ops in this case.  The complainant has filed copy of FDR No.114720100012039 dt.14.10.2010 for Rs.33, 411/- and from that receipt it was revealed that the FDR is in the name of M/s. Timber Dealers Association but not in the name of M. Koteswar Rao as President.  Neither the designation of the President nor the name of Mr. M. Koteswar Rao is available on that receipt.  From the above facts, it was very much clear that the FDs were made in the name of the association and the authorized person can only operate the said FD accounts.  Accordingly, this issue No.2 goes in favour of the complainant only.

9.                     Issue No.3 is whether M/s. Timber Dealers Association has issued any instruction to OP.1 authorizing M. Koteswar Rao (OP.3) to operate the accounts afresh instead of the complainant.  In absence of counter and participation of OP.3 in this proceeding we have lost opportunity to ascertain any developed facts in this case from him.  Apart from an undated letter authorizing Sri T. Nageswar Rao, Cashier and another authorization letter dt.12.8.1987 of the association in the same line (both the letters) submitted before OP.1 bank to operate the accounts of the association, the complainant has again submitted a letter dt.06.1.2017 of the association wherein the complainant has been duly authorized by the association to operate SB a/c and to deal with FDRs with OP.1.  As no decision of the association is found or submitted by either of the parties for the gap period regarding authorization to any other person other than the Cashier to operate the account with OP.1, it can be easily concluded that Mr. T. Nageswar Rao was and is the authorized person by the association to operate the SB accounts and to deal with the FDRs with OP.1.  Moreover, through a certificate dt.20.3.2017 the copy of which available on record, the association has again authorized the complainant to operate the SB and FD accounts of the association and to represent  C.C. No.11/2016 pending before the  DCDRF, Koraput as per Resolution No.3 dt.06.12.2016 of the association.  Thus the Issue no.3 is decided in favour of the complainant.

10.                   As all the issues decided in favour of the complainant, now we are to ascertain whether the Ops or any of the Ops have committed any deficiency in service.  In this case, as ascertained from the record, the complainant has been all along authorized by the association to deal with their accounts with OP.1 and he is supposed to keep all the accounts related papers.  A President of the association at no stretch of imagination will retain the accounts related papers unless until a special resolution is passed by the association indicating the reasons of such type of retentions.  Otherwise, said retention of accounts related papers by the President is illegal, void and not acceptable under the law.  The legal aspect of this matter being thus, the OP.1 on receipt of original TDR and request from OP.3 has renewed the same and has also transferred the TDRs to Andhra Bank, Ongole branch.  The OP.1 in his counter stated that FDs were renewed by the President, M. Koteswar Rao and applied for transfer and hence they transferred the same to Ongole branch of Andhra Bank.  Before considering the renewal request of the President, the OP.1 was duty bound to see the earlier documents furnished by the association at the time of initiation of FDs in order to know whether the said person is authorized to renew the FDs or not.  An unauthorized person cannot renew the instruments.  When the complainant is authorized to deal with the SB and FD accounts of association, we do not understand as to how the OP.1 transferred the FDs to other branch at the request of M. Koteswar Rao without verifying his authority to do such action.  The OP.1 without searching the authority of Mr. M. Koteswar Rao should not have accepted his request for transfer of FDs.  This inaction of OP.1 in our opinion amounts to serious deficiency in service on its part.

11.                   In this case, the TDRs were initiated with OP No.1 at Jeypore and the prayer of the complainant is to bring back the TDRs from OP.2 to OP.1.  We have already held that the deposits have been transferred by OP.1 without considering and observing the formalities.  The deposits are now with the OP No.2 and the receipts are with OP.3.  In the above premises, the OP.2 is to be directed to transfer the deposits to OP.1 branch and at the same time, the OP.1 is to take steps if any to bring back the deposits to his branch. After receipt of deposits the OP.1 is to issue duplicate TDRs in favour of M/s. Timber Dealers Association, Jeypore considering the original receipts are misplaced or lost and handover the said duplicate TDRs to the complainant.  Further the complainant in this case has prayed for Rs.10, 000/- towards costs but we are not inclined to grant any cost in favour of an institution.

12.                   Hence ordered that the complaint petition is allowed and the OP No.2 is directed to transfer 3 Nos. of deposits in question as mentioned in the body of the order to OP.1 and at the same time, the OP.1 is directed to take necessary steps to bring back the deposits to his bank from OP.2.  The OP.1 is further directed to issue duplicate TDRs in favour of M/s. Timber Dealers Association, Jeypore considering the original receipts are misplaced or lost and hand over the duplicate TDRs to the complainant.  The above directions are to be complied by the Ops 1 & 2 within 30 days from the date of communication of this order.

(to dict.)