BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah, B.Com B.L., President

And

Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member

And

         Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Tuesday the 26^th day of April, 2011

C.C.No 119/10

Between:

A.Madhava Rao, W/o. A.Hanumanthu,

H.No.81-1230, Venkateswara Nagar,Near Sareen Nagar,Kurnool-518 002.                                      

     …Complainant

  -Vs-

1. The Branch Manager, ICICI Bank Limited,

    Shop No.16, 17, 18, U-con Plaza, Park Road, Kurnool-518 001.

2. The Branch Manager,National Co-operative Bank Limited,

    D.No.38-1, Upstairs, Opp. State Bank of India, Minchin Bazar,

    Kurnool-518 001.                                 

   …Opposite Parties

This complaint is coming on this day for orders in the presence of Sri P.Siva Sudarshan, Advocate, for complainant and opposite parties 1 and 2 as called absent upon perusing the material papers on record, the Forum made the following.

     ORDER

(As per Sri. T.Sundara Ramaiah, President)

                                             C.C. No. 119/10

1.     This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying:-

(a)    To direct the opposite parties 1 and 2 to refund the amount of Rs.23,074/- which was paid in cash by the complainant  apart from issuing cheques to that amount;

(b)    To pay compensation of RS. 50,000/- to the complainant for the mental torture suffered by him due to the negligent act of opposite parties 1 and 2;

1. To award costs of this complaint;

And

1. To grant such other reliefs as the Hon’ble Forum may deem fit and proper under the circumstance of the case.

2.    The case of the complainant in brief is as under:- The complainant took a personal loan of Rs.1,00,000/- from opposite party No.1 and entered loan agreement with opposite party No.1.  The complainant gave 48 advance cheques drawn on opposite party No.2 of Rs.2,886/- each to opposite party No.1.   The said cheques were given by the complainant to discharge the loan due to opposite party No.1.  Subsequently opposite party No.1 presented 12 cheques with opposite party no.2 and they were encashed on the respective dates.  Opposite party No.1 issued a notice dated 15-05-2008 to the complainant informing that he defaulted in payment of the installments as per the agreement.  As seen from the ledger extract of opposite party No.2 the 12 cheques were encashed by opposite party No.1.  Having been presented the cheques with opposite party No.2 it is the duty of opposite party No.1 to inform the complainant whether they were encashed or not.    There is deficiency of service and negligence on the part of the opposite parties.   Due to the pressure of the opposite party No.1 the complainant was forced to pay an amount of Rs.23,074/- to opposite party No.1.  Having encashed the cheques the opposite party No.1 again collected an amount of Rs.23,074/- from the complainant.   Hence the complaint.

3.     Opposite parties 1 and 2 set exparte.

4.     On behalf of the complainant Ex.A1 to A6 are marked and sworn affidavit of the complainant is filed. 

5.     Complainant filed written arguments.

6.     The points that arise for consideration are:

1. Whether there is deficiency of service on the part of the Opposite Parties?

1. Whether the complainant is entitled to the reliefs as prayed for?

    (c)        To what relief?

7. POINTS 1 & 2:- It is case of the complainant that he took personal loan of Rs.1,00,000/- from opposite party No.1 Bank and entered into agreement with opposite party No.1. The complainant filed Ex.A5 reply notice got issued by opposite party No.1 Bank where in it is admitted that the complainant was sanctioned personal loan of Rs.1,00,000/- on 25-08-2005 and it was repayable in 48 equal monthly installments of Rs.2,886/- each commencing from 07-10-2005 to 07-09-2009.  It is the case of the complainant that he issued 48 advance cheques of Rs.2,886/- each drawn on opposite party No.2, that opposite party No.1 presented 12 out of them and the said cheques were encashed.    According to opposite party No.1 that the complainant committed default in payment of the monthly installments and that the proceeds of the cheques were not received from opposite party No.2.  Opposite party No.1 in its reply notice Ex.A5 clearly mentioned that the proceeds of the cheques as mentioned in the notice got issued by the complainant were not received from opposite party No.2 Bank.   The complainant filed Ex.A2 statement of account of the complainant said to have been issued by opposite party No.2 Bank.  In Ex.A2 it is mentioned that the proceeds of the cheques were sent to ICICI Bank.  The complainant inspite of the contention of opposite party No.1 that the proceeds of the cheques were not received by it did not choose to summon the loan account from ICICI Bank.  Simply because opposite party No.1 did not turn up to contest the matter it cannot be presumed that opposite party No.1 Bank received the proceeds of the cheques said to have been issued by the complainant.  No material is placed on record to show that opposite party No.1 Bank received the proceeds of the cheques from the opposite party No.2 Bank on the respective dates.  Admittedly opposite party No.2 Bank is not existing at present.  It is under process of winding up.  A liquidator has been appointed to manage opposite party No.2 Bank.  According to the complainant he made payment of Rs.23,074/- to opposite party No.1 Bank under Ex.A6 dated 14-07-2008 due to pressure.  The complainant committed default in payment of monthly installments to opposite party No.1 Bank from which he took loan.   It is mentioned in Ex.A2 that opposite party No.2 Bank received the cheques.  The manager of opposite party No.2 Bank who issued Ex.A2 is not examined by the complainant to show that opposite party No.1 Bank received the proceeds of cheques. Opposite party No.2 Bank did not place any evidence to show that opposite party No.1 Bank received the proceeds of the cheques issued by the complainant.  A person who seeks justice must come with clean hands.  The complainant herein committed default in payment of monthly installments to opposite party No.1 Bank.  No deficiency of service is found on the part of opposite parties.  The complainant is not entitled to the reliefs as prayed for.

8.     In the result, the complaint is dismissed.   In the circumstance of case no cost.

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the day 26^thof April, 2011.

        Sd/-                                    Sd/-                                   Sd/-

MALE MEMBER                      PRESIDENT                   LADY MEMBER

      APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant : Nil                  For the opposite parties : Nill

List of exhibits marked for the complainant:-

Ex.A1        Letter dated 15-05-2008 issued by opposite party No.1 to the complainant.

Ex.A2.       Ledger Extract pertaining to opposite party No.2,

period from 24-08-2005 to 30-12-2006.

Ex.A3                Office copy of legal notice dated 25-02-2009.

Ex.A4                Postal receipts and acknowledgments Nos.2

Ex.A5                Reply notice dated 28-03-2009.

Ex.A6                Payment receipt dated 04-07-2008 Rs.23,074/-.

List of exhibits marked for the opposite parties:- Nill

         Sd/-                                             Sd/-                                 Sd/-

MALE MEMBER                      PRESIDENT                 LADY MEMBER

 // Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties  :

Copy was made ready on             :

Copy was dispatched on               :