BEFORE THE DISTRICT CONSUMERS FORUM AT KHAMMAM Dated this, the 25th day of September, 2009 Coram: 1.Sri.Vijay Kumar, B.Com., LL.B., President 2. Sri.K.V.Kaladhar, B.Sc., B.L., Member 3. Smt.V.Vijaya Rekha, B.Sc., B.L., Member C.C.No.16/2009 Between: G.Gopal Reddy, s/o.Ranga Reddy, age: 59 years, occu: Employee, Suryapeta, Nalgonda District. …Complainant and The Branch Manager, State Bank of Hyderabad, Suryapeta Main Branch, Nalgonda District. …Opposite party. This C.C. came before us for final hearing on 16-9-2009 in the presence of Sri.M.Niranjan Reddy, Advocate for complainant; opposite party appeared in person; upon hearing the arguments and upon perusing the material papers on record, and having stood over for consideration till this day, this Forum passed the following order: O R D E R (per Sri.K.V.Kaladhar, Member) 1. This complaint is filed u/s.12 of Consumer Protection Act, 1986. The brief facts of the averments made in the complaint are that, the complainant is having account bearing No.52123911474 with the opposite party bank. On account of the injuries sustained by him in a motor accident, he filed O.P. No.870/1998 on the file of Motor Accidents Claims Tribunal (District Judge), Khammam, the same was allowed and awarded an amount of Rs.34,000/- together with interest and costs by the Hon’ble District Judge, Khammam. Along with interest and costs, an amount of Rs.59,861/- was deposited by the Insurance company. The complainant filed an I.A.427/2008, dt.15-2-2008, in the above said O.P., the said petition was allowed and issued a cheque bearing No.634293, for Rs.59,861/- payable by opposite party, directed them to credit the said cheque amount in the account of the complainant through a registered letter bearing No.1737, dt.15-3-2008. Inspite of repeated requests, the opposite party failed to credit the amount and gave evasive reply. Hence, this complaint to direct the opposite party to pay the cheque amount of Rs.59,861/- with interest at 18% P.A. from 15-3-2008 till the date of realization; to further direct the opposite party to pay a amount of Rs.1,00,000/- towards damages to him and to award costs. 2. On receipt of notice, the opposite parties appeared in person and filed a memo stating that they credited the amount of Rs.59,711/- on 15-6-2009 in account No.52123911474 of the complainant by obtaining a duplicate cheque from the Hon’ble District Judge, Khammam. 3. On behalf of complainant, the following documents have been filed and marked as Exhibits. Ex.A.1 - Statement of Account Ex.A.2 - Letter of the complainant, dt.1-8-2008 Ex.A.3 - letter, dt,15-9-2008 Ex.A.4 - Delivery slip of postal department, dt.15-3-2008 Ex.A.5 - Letter, dt.30-10-2008 Ex.A.6 - Letter, dt.24-12-2008 addressed by the Manager, State Bank of Hyderabad, Main branch, Suryapet. 4. Heard both sides. Upon perusing the material papers on record and upon hearing the arguments, now the point for consideration is, whether the complainant is entitled to claim as prayed for? P O I N T 5. It is an admitted fact that the complainant is having account at opposite party bank, account bearing No.52123911474. It is also admitted fact that the Hon’ble District Judge was pleased to issue cheque bearing No.634293 for Rs.59,861/- payable at opposite party bank and the same may be credited to the account of the complainant which was also acknowledged by the opposite party through registered letter bearing No.1737, dt.15-3-2008. It is also admitted fact that they failed to credit the amount in the account of the complainant. Hence, the complainant filed this complaint to credit an amount of Rs.59,861/- with 18% P.A. from 15-3-2008 till the date of realization and also to award an amount of Rs.1,00,000/- towards damages. 6. As per Ex.A.6, Letter, dt.24-12-2008 addressed by the Manager, State Bank of Hyderabad, Main branch, Suryapet to the Hon’ble District Judge, Khammam, it was stated that the above cheque was misplaced, after due search they could not trace out. Hence, he requested the Hon’ble District Judge, to issue duplicate cheque. However, the opposite party did not file any counter, but appeared in person and filed a memo dt. 23-6-2009, by stating that they have credited the amount of Rs.59,711/- on 15-6-2009 to the account bearing No. 52123911474 of the complainant by obtaining a duplicate cheque from the Hon’ble District Judge. On 16-9-2009 the complainant appeared in person and submitted his oral arguments and he stated that the oppsotie partycaused so much mental agony and inconvenience to him. 7. After careful perusal the entire record, it is clear case that there is deficiency in service on the part of the opposite party. Hence, we feel that this case is fit to be allowed. 8. In the result, the complaint is allowed in part, directing the opposite party to pay an amount of Rs.5,000/- towards damages. There is no order as to the costs. Dictated to the steno, transcribed by her, corrected and pronounced by us in the open forum, on this 25th day of September, 2009. PRESIDENT MEMEBR MEMBER DISTRICT CONSUMERS FORUM KHAMMAM Appendix of Evidence Exhibits marked for complainant: Ex.A.1 - Statement of Account Ex.A.2 - Letter of the complainant, dt.1-8-2008 Ex.A.3 - letter, dt,15-9-2008 Ex.A.4 - Delivery slip of postal department, dt.15-3-2008 Ex.A.5 - Letter, dt.30-10-2008 Ex.A.6 - Letter, dt.24-12-2008 addressed by the Manager, State Bank of Hyderabad, Main branch, Suryapet. PRESIDENT MEMEBR MEMBER DISTRICT CONSUMERS FORUM KHAMMAM * | 
