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 120/10

BETWEEN:

M.Satyavedamma, W/o Hanumanna, Working as a School Assistant,

Government School,

Tadakanapalli Village, Kallur Mandal,  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. National Co-operative Bank Limited,

    No.43, 100-3, Upstairs, Opp Municipal Corporation,N.R.Peta, 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 party No.1 set exparte and opposite party No.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. 120/10

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 adjust Rs.23,430/- after verifying the accounts of opposite parties 1 and 2;

(b)    To pay compensation of RS. 25,000/- 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.70,000/- from opposite party No.1 and entered loan agreement with opposite party No.1.  The complainant gave 45 advance cheques drawn on opposite party No.2 for Rs.2,130/- 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 11 cheques with opposite party No.2 and they were encashed on the respective dates.  Opposite party No.1 issued a notice dated 12-11-2008 to the complainant informing that she defaulted in payment of the installments as per the agreement.  As seen from the ledger extract of opposite party No.2 the 11 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.   The proceeds of the 11 cheques were not adjusted in the loan account of 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 and 2:- It is case of the complainant that she took personal loan of Rs.70,000/- from opposite party No.1 Bank and entered into agreement with opposite party No.1. The complainant filed Ex.A4 reply notice got issued by opposite party No.1 Bank where in it is admitted that the complainant was sanctioned personal loan of Rs.70,000/- on 09-08-2005 and it was repayable in 48 equal monthly installments of Rs.2,130/- each commencing from 07-09-2005 to            07-08-2009.  It is the case of the complainant that she issued 48 advance cheques of Rs.2,130/- each drawn on opposite party No.2 that opposite party No.1 presented 11 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.A4 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.A1 extract of the ledger of the complainant said to have been issued by opposite party No.2 Bank.  In Ex.A1 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 of the complainant 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 an amount of Rs.23,430/- being proceeds of the cheques was not adjusted in his loan account by opposite party No.1 Bank.   It is mentioned in Ex.A1 that opposite party No.2 Bank received the cheques.  The manager of opposite party No.2 Bank who issued Ex.A1 is not examined by the complainant to show that opposite party No.1 Bank received the proceeds of cheques and failed to adjust the same in the loan account of the complainant. Opposite party No.2 Bank also did not place any evidence to show that opposite party No.1 Bank received the proceeds of the cheques issued by the complainant.  As seen form Ex.A4 reply it is very clear that the complainant committed default in payment of monthly installments to opposite party No.1 Bank from which she took loan.  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                Photo copy of ledger Extract pertaining to

opposite party No.2, dated 27-01-2009.

Ex.A2.       Office copy of legal notice dated 05-02-2009.

Ex.A3                Postal receipts and acknowledgements Nos.2.

Ex.A4                Reply notice dated 28-03-2009.

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               :