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

Thursday  the 11^th day of November , 2010

C.C.No 35/10

Between:

1.Sri Vijakumar Reddy, S/o. Late M.Sivarami Reddy,

R/o. Apart No.102, Dheeraj Enclave, Near Ayyappa Swamy Temple,

Kurnool.

2. Kum. M.M.Sindhu, D/o Vijaya Kumar Reddy,

Soft ware Engineer, R/o Apart No.102, Dheeraj  Enclave, Near Ayyappa Swamy Temple, Kurnool.                                                       

…Complainants

-Vs-

1. The Branch Manager, ICICI Bank Ltd.,Kurnool Branch,

First Floor, U-con Plaza,Park Road, Kurnool.

2. The Chairman, ICICI Bank Ltd., Regd. Office,

 Land Mark Race Club Circle, Vadadora-3090007, (Gujarat)                               

        …Opposite  ParTIES

          This complaint is coming on this day for orders in the presence of Sri. N. Nanda Kishore ,  Advocate, for complainant,    Sri. T. Trivikaram,  Advocate for opposite party No.1 and opposite party No.2 is called absent set ex-parte and upon perusing the material papers on record, the Forum made the following

ORDER

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

C.C. No. 35/10

1. This complaint is filed under section 12 of C. P. Act, 1986 praying to direct the OPs

1. to refund the dishonored cheque amount of Rs.8,00,000/-

and to pay damages of Rs.3,00,000/- for mental agony  caused    

1. to grant costs of Rs.25,000/-
2. and pass such other orders that is necessary and expedient

under the circumstances of the case.

(2)   The case of the complainants is as under :- The complainants are the joint account holders of S.B. account No. 2790150198 with OP.No.1. They were issued silver card for convenient operation of the account. On the request of the OP.No.1 the complainants submitted an application for issuance of Gold card in the place of silver card. The issuance of Gold card was delayed inspite of repeated requests by the complainants. On 16-10-2007 the OP.No.1 dishonored the cheque for Rs.8,00,000/- issued by the complainants  under cheque No. 921367 , even though there was sufficient balance in the account. The complainants came to know that the Gold card was issued to an unauthorized person and the said person used the card and with drawn amounts from the account of the complainants.  The complainants are nothing to do with the same. On enquiry the OP.No.1 assured to set right the wrongful debits in the S.B. account of the complainants within a short time . The complainants have also got issued a lawyers notice to OP.No.1 seeking corrective action in their account. OP.No.1 having received the said notice did not take any action. The complainants are respectable people having good reputation in the society . Dishonour of the cheque caused mental agony to the complainants. The complainant No.1 had to borrow from others to make payment to his contract labuors and to attend his business. Both the OPs are liable to compensate the complainants. Hence the complaint.      

3.     OP.No.1 filed written version stating that the complaint is not maintainable. The complainants are the joint account holder of S.B. account No. 2790150198 with OP.No.1. The complainants were also issued silver card for easy operation of the account. There was ATM withdrawals and some merchandise shopping withdrawals to a tune of Rs.2,74,445/- from the complainants account from 10-10-2007 till  16-10-2007. The OP.No.1 informed the same to the complainants through a letter dated 16-10-2007. It is realised that the complainants address has been changed from 4/42/2, Subbarao Colony, Balaji Nagar Stantanpuram to 4/383, Opp. Navatha Transport , Kadapa Road , Khajipeta,  Hyderabad – 516162. It was found that the request for change of address was duly singed by the complainant. The complainant disputed the transactions after October, 2007. On 16-10-2007 a complaint was lodged with Kurnool Town Police requesting the police to investigate the matter. Accordingly a case was registered in Cr.No.268/07 and it is under investigation. The OP is no way concerned for misappropriation of the amount from the account of the complainants. The forum has no jurisdiction to try fraud cases.  The complainant is not entitled to the reliefs as prayed for. The complaint is liable to be dismissed.        

  4.   On behalf of the complainants Ex.A1 to A7 are marked and the sworn affidavit of the complainant No.1  is filed.  On behalf of the opposite parties no documents are marked and the sworn affidavit of OP.No.1 is filed

5.     The complainants filed  written arguments. OPs not filed written arguments.  .

6.     The points that arise for consideration are      

(i)     whether there is deficiency of service on the part of the OP ?

(ii)    whether the  complainants are entitled to the reliefs as prayed for?

(iii)    To what relief?

7. Point No.1 & 2:  Admittedly the complainants are having joint SB.A/c bearing No.  2790150198 with OP.No.1. It is also admitted that the OPs issued silver card to the complainants for operation of their account. It is further admitted that the complainants made an application for issuance of Gold card in the place of silver card and at that time they surrendered  silver card to the bank. It is also admitted that the cheque bearing No. 921367 dated 16-10-2007 issued by the complainants for Rs.8,00,000/- was dishonoured  by the OP.No.1. Ex.A1 is the dishonored cheuqe and Ex.A2 is the memo issued by the  OP.No.1 to the complainants stating that the cheuqe for Rs.8,00,000/- was dishonoured on 16-10-2007 for want of funds in the account of the complainants.

8.     It is the case of the complainants that an amount of Rs.8,04,619/- was lying  in their bank account by 16-10-2007 and that the  OP.No.1 wantonly dishonoured the cheque  stating that there was insufficient amount. The complainants filed Ex.A4 ledger extract of their S.B.A/c. issued by OP.No.1 bank. As seen from Ex.A4 it is very clear that there was ATM withdrawals and same merchandise shopping withdrawals to a tune of Rs.2,74,445/- from the account of the complainants from 10-10-2007 till 16-10-2007 . It is also mentioned in Ex.A4 that by 16-10-2007 an amount of Rs.5,30,174/- was lying in the account of the complainants. The OP dishonoured the cheque of the complainants as there was no sufficient amount in the account of the complainants by 16-10-2007. Admittedly on the representation made by the complainants that they have not withdrawn from their account any amount from 10-10-2007 to 16-10-2007 , the OP.No.1 gave a report to Kurnool police on 16-10-2007 and a case in Cr.No.268/07 was registered U/S 420 IPC. The OP.No.1 did not to file any document to show that the complainants withdrew money from the account from 10-10-2007 to 16-10-2007.  

9.     According to the complainants that they came to know that the bank issued the Gold card for which they made application to a unathorised person and the said person had withdrawn the amount by using the said gold card. The OP did not place any documentary evidence to show that the gold card was sent to the complainants address and it was received by the complainants. It is stated in the written version of OPs that on the request for change of address of the complainants the address was changed from 4/42/2, Subbarao Colony, Balaji Nagar Stantanpuram to 4/383, Opp. Navatha Transport , Kadapa Road , Khajipeta, Hyderabad – 516162. According to the complainants they did not give any application for change of their address as stated by the OP.No.1 and that the OP.No.1invented the said story in order to avoid liability. In the account copy of Ex.A4  the address of the complainants is shown as 102, Dheeraj Enclave , Near Ayyappaswamy Temple , Kurnool . The OPs could not produce the alleged application where under the complainants requested for change of address. It appears that the bank sent the gold card to some wrong address and it must have been received by some unauthorized person. For the fault on the part of the bank the complainants can not be made to suffer.  The bank authorities are under obligation to set right the wrongful debits in the account of the complainants. OP.No.1 inspite of several representation made by the complainants did not set right the things within reasonable time. On the other hand the cheque that was issued by the complainants was dishonoured for want of funds. There is deficiency of service on the part of the OP.No.1.   

10.    The complainants have claimed for refund of the dishonoured cheque amount to Rs.8,00,000/- . The complainants filed Ex.A4, ledger extract of S.B.A/c. As seen from Ex.A4 it is very clear that only an amount of Rs.2,74,445/- was withdrawn from the account of the complainants from 10-10-2007 till 16-10-2007 by some unauthorized persons. The bank is liable to pay the said amount to the complainants.

11.    The complainants also claimed compensation of Rs.3,00,000/- for causing mental agony  etc., For no fault  of the complainants Ex.A1 cheque issued by the complainants was dishonoured  by the bank stating that there was no sufficient amount in  the account. An account of the dishonoured of the cheque the complainants must have suffered mentally. The complainants prior to the filing of the complaint gave legal notice Ex.A5. The OP.No.1 received the said notice but no reply was given to the complainants. Ex.A6 is the postal acknowledgement. The complainants did not place any documentary evidence to show that they are doing business and an account of dishonour  of the cheque they sustained loss of Rs.3,00,000/-. We think that ends of justice can be met by granting compensation of Rs.10,000/- to the complainants for causing mental agony by OP.No.1.                                                   

12.Point No3:   In the result the complaint is partly allowed directing the OP.No.1 to pay to the complainants Rs.2,74,445/- ie.,,the amount wrongly debited in the account and Rs.10,000/- for mental agony  with  interest at 9% from 16-10-2007  i.,e the date of dishonour of the cheque till the date of payment along with costs of Rs.1,000/-. The complaint against OP.No.2 is dismissed.  

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 11^th day of November, 2010.

             Sd/-                                                             Sd/- 

     MALE MEMBER                                                  PRESIDENT

APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant : Nil            For the opposite parties : Nil

List of exhibits marked for the complainant:-

List of exhibits marked for the opposite parties:  Nil

                 Sd/-                                                                                       Sd/-

         MALE MEMBER                                                                    PRESIDENT

// 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

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