Filed on : .05.2012
Disposed on: 26.05.2015
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL
FORUM, VELLORE DISTRICT AT VEL LORE.
PRESENT: THIRU. P. RAMALINGAM, B.A., B.L., PRESIDENT
THIRU.M.UYIROLI KANNAN, B.B.A., M.A., MEMBER-I
C.C. No. 14 / 2012
TUESDAY, THE DAY OF 26th MAY - 2015
Sayed Iqbal
S/o. Sayed Ali
Indian Muslim
Old No. 96, New No. 165,
Bangalore Road,
Mullipalayam Village,
Vellore District. …Complainant.
- Vs –
1. The Branch Manager,
The Vellore District Central Co-Operative Bank Ltd.,
Bazaar Branch,
Vellore.
2. The District Registrar
The Vellore District Central Co-Operative Bank Ltd.,
Rountana, Officers Line
Vellore. … Opposite parties
This petition came up before us for final hearing on 08.04.2015 in the presence of Thiru. R. Nithiyanandam, Counsel for the Complainant and Thiru. M.R. Ramanan, Counsel for the Opposite parties-1&2 and having stood over for consideration till this day, the Forum made the following:
O R D E R
Pronounced by Thiru.P. Ramalingam, President of the District Consumer Disputes Redressal Forum, Vellore District.
1. The brief facts of the complaint are as follows:
The complainant is nephew of one Mr. Abdul Khadar, S/o. Sheeik Mohideen, who is customer having account with the 1st opposite party bank, availed jewel loan from the 1st opposite party’s Co –operative bank by pledging the gold ornaments of the family members of the complainant on various dates. The said Abdul Khadar was an unmarried person and he was cared and nourished by the complainant and his family members, the said Abdul Khadar used to residing with the complainant at the premises of the complainant only. There is no other close kin or relatives to the said Abdul Khadar, who died interest living behind the complainant in his sole legal heir, since the said. Abdul Khadar is a bachelor and his parents predeceased him. As per the Mohammedan Law he was nourished by the complainant and the deceased lived with the complainant up to his death on 22.12.2008. After completing the funeral ceremony and other religious ceremony of the said deceased Abdul Khadar, the complainant approached the office of the 1st Opposite party. Personally and revealed about the death of Abdul Khadar and requested the 1st Opposite party to reveal the mode to redeem the articles pledged by the deceased Abdul Khadar and also expressed his urgency and weed of the articles to solemnize the marriage of his daughter, thereafter the complainant approached personally on several occasions and every time when the complainant approached the office of
the 1st opposite party, the 1st opposite party simply hesitated and postponed to provide necessary advise or particulars, after a long continuous demands made by the complainant the 1st opposite party/manager made a proposal to discharge the loan amount first, the complainant also accepted the proposal and acted upon as per the direction and guidance of the Manager of the 1st opposite party Bank, on 18th and 19th February 2010, the complainant paid the entire loan liability amount with accrued interest at the rate of 12.5% by raising a hand loan and discharged the entire loan liability taking advantage of the complainant’s innocence the 1st opposite party, bank manager deceitfully recovered the loan amount from the complainant but failed to return the pledged ornaments to the complainant as per the previous promise made by them, whenever the complainant approached to get back the ornaments, however, the 1st opposite party’s bank Manager have been in putting off one pretext or the other. The complainant was asked to produce LR Certificate and other relevant document; the complainant approached the revenue authorities and other government office to get the required certificates and incurred a lot and produced the same as per the demands of the 1st opposite party bank direction / instruction, till this day except the complainant no one approached the opposite party bank for return or to redeem the pledged ornaments, the jewels belongs to the complainant and his family members, since the complainant or his wife have any account in the opposite party Bank. The deceased pledged the jewels and availed loan in his name from the opposite party Bank. After a hassle the complainant produced the documents required by the opposite party bank, After production of the required documents / certificates the 1st opposite party bank manager insisting to produce a court order to return the pledged articles through letter’s dated 04.05.2010, 22.07.2010 and 24.07.2010, which puts the complainant to torment and agony. The opposite party bank are acting with malice, because of their negligent, recklessness the complainant suffered both physically and mentally, the opposite party bank is liable to make good for the mental distress and torment. Hence the complainant forced to file this consumer case against the opposite party, bank seeking an order to return the jewels pledged or the amount remitted by the complainant with interest. The complainant prays for the following reliefs return the amount received from the complainant on 18.02.2010 and 19.02.210 totally Rs. 82,987/- with interest at the rate of 12.5% paid to the jewel loans of the deceased Abdul Khadar Jewels and returned and so far. Damages for harassment, mental distress and mental agony / pain assessed at Rs. 1,50,000/- as compensation for the negligent and deficient service rendered by the opposite parties and for cost of the complaint proceeding. .
2. The brief averments in the Written Version filed by the opposite parties- 1 & 2 are as follows:
The complaint is unsustainable in law and on the facts. Mr. Abdul Khadar Pledged his jewels and obtained loans repayable within one year of the dates of loan with penal interest for delayed repayment. He was reported dead. He did not nominate anyone and no legal Heriship certificate was produced . As per Section 45 ZD of the Banking Regulation Act 1949. No notice of the claim of any person other than the person or persons in whose name any article is held by a Banking Company in safe custody shall be receivable by the Banking company nor shall the Banking Company be bound by any such notice even though expressly given to it. Provided that where any decree, order, certificate or other authority from a court of competent. Jurisdiction relating to such article is produced before a Banking Company, the Banking Company shall take due notice of such decree, order, certificate or other authority. The Complainant claimed the Jewels to be returned to him, since there was no nomination in his favour by the deceased and since no succession certificate or any court order is produced by the complainant, the jewels could not be returned to him as claimed by him. The complainant did not establish his title to the Jewels by Judgement & Decree of declaration of title to the property. Jewels could not be returned to the complainant on this ground also as per section 2(1) (b) (ii) of the Consumer Protection Act, in the case of death of a consumer, his legal heir or representative alone can be complainant before this Honourable Forum, Even on this ground also the complaint is not maintainable. The complainant is not a “Consumer” and no services were hired by him and no charges were paid by him. There was no privity of contract. The complainant is liable to be rejected on this ground alone interest on any loan from a Bank continues to accrue until discharge of the loan with interest with the repayment of loan with interest, the jewel loan accounts of late consumer Mr. Abdul Khadar were closed. After the closure of the loan accounts, the same cannot be reopened. This opposite party does not admit the relationship of the complainant with the deceased Mr. Abdul Khadar. This Respondent also does not admit that the complainant is entitled to inherit the property of the deceased. If the loan amounts were not remitted, further accrual of interest could not be avoided and the jewels would be auctioned for non payment of the loan amounts due as they are time-bound loans with penal interest clause for delayed repayment. The complainant is not entitled to the amounts claimed in the complaint nor any amount of compensation. Therefore prays that this Forum may be pleased to dismiss the complaint
3. Ex.A1 to Ex.A26 were marked on the side of the complainant and written version filed on the side of the Opposite Parties - 1 & 2. Evidence of complainant filed and Evidence of Opposite Parties-1&2 were filed. ExB1-series marked on the side of Opposite Parties –1 & 2.
4. Now the points for consideration are:
a. Whether there is any deficiency in service on the part of the opposite parties?
b. Whether the complainant is entitled to the relief’s sought for?
5. Point No. (a) On Perusal of the complaint filed by the complainant, the averments in the written version filed by the Opposite parties, the Evidence and the documents filed on the side of both the parties, it is very clear that the deceased Abdul Khadar had pledged the jewels with the 1st opposite party. The said Abdul Khadar was died on 22.12.2008. It is contended by the counsel for complainant that, as per Ex.A23 death certificate, Ex.A24 Relationship Certificate, Ex.A25 Jamath Certificate, and Ex.A26 Ration Card would clearly show that the complainant is the legal heir of the deceased Abdul Khadar. On production of the above said legal Heir Certificate before the Opposite Parties, the Opposite Parties did not return the said Jewels pledged by the deceased Abdul Khadar to the Complainant and the opposite parties 1&2 have failed to perform their duties in a proper manner. Considering the facts and circumstances of the case, it is clearly established that, there is a deficiency of service on the part of the Opposite Parties–1&2. Hence, we are of the view that, the complainant is entitled for the return of the Jewels pledged by the Abdul Khadar or return of the amount. This point is answered in favour of the complainant.
6. Point No. (b):- In view of our finding on Point No. (a), the complainant is entitled to return of the Jewels (or) return of the amount. This point is also answered in favour of the complainant.
7. In the result, the complaint is allowed by directing the opposite parties to return back of the jewels pledged by the Abdul khadar or to return back the sum of Rs.82,987/- paid towards the loan to the complainant with interest at 9% per annum from the date of receipt till the date of payment, to pay a sum of Rs.10000/- (Rupees Ten Thousand Only) towards the compensation to the complainant for his mental agony and to pay a sum of Rs.3000/- (Rupees Three Thousand Only) as cost of this proceedings.
The amount shall be payable within one month from the date of receipt of copy of this order failing which the amount shall carry interest @ 9% per annum from the date of default to till the date of payment.
Dictated directly by the President to the Steno-typist, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 26th May’ 2015..
SD/- SD/-
MEMBER –I PRESIDENT
List of Complainant Documents:
Ex.A1. Dt. 28.08.2008 Xerox Copy of Loan receipt and remitter Challan Dated. 18.02.2008
Ex.A2. Dt. 20.08.2008 Xerox Copy of Loan receipt issued by the Opposite Party and remitted Challan dated 18.02.2010
Ex.A3. Dt. 05.09.2008 Xerox Copy of Loan receipt and Remitter Challan Dated. 18.02.2008
Ex.A4. Dt. 08.09.2008 Xerox Copy of Loan receipt and Remitter Challan Dated. 18.02.2010
Ex.A5. Dt. 10.09.2008 Xerox Copy of Loan receipt and remitter Challan Dated. 18.02.2010
Ex.A6. Dt. 04.11.2008 Xerox Copy of Loan receipt and Remitter Challan Dated. 19.02.2010
Ex.A7. Dt. 12.11.2008 Xerox Copy of Loan receipt and Remitter Challan Dated.19.02.2010
Ex.A8. Dt. 14.11.2008 Xerox Copy of Loan receipt and Remitter Challan Dated. 19.02.2010
Ex.A9. Dt. 15.12.2008 Xerox Copy of Loan receipt issued by 1st Opposite Party and Remitter Challan Dated. 19.02.2010
Ex.A10. Dt. - Xerox Copy of Jewel Loan No. 8824 for a sum of Rs. 40/- Remitter Challan Dated. 28.08.2008
Ex.A11. Dt. - Xerox Copy of Jewel Loan No. 8877 for a sum of Rs.25/- and Remitter Challan Dated. 28.08.2008
Ex.A12. Dt. - Xerox Copy of Jewel Loan No. 9197 for a sum of Rs.30/- and Remitter Challan Dated. 4.11.2008
Ex.A13. Dt. - Xerox Copy of Jewel Loan No. 9242 for a sum of Rs.50/- and Remitter Challan Dated. 12.11.2008
Ex.A14. Dt - Xerox Copy of Jewel Loan No. 9210 for a sum of Rs.70/- and Remitter Challan Dated. 14.11.2008
Ex.A15. Dt. - Xerox Copy of Jewel Loan No. 9412 for a sum of Rs.30/- and Remitter Challan Dated. 15.12.2008
Ex.A16. Dt - Xerox Copy of Jewel Loan No. 8935 for a sum of Rs.40/- and Remitter Challan Dated. 8.9.2008
Ex.A17. Dt - - Xerox Copy of Jewel Loan No. 1285 for a sum of Rs.105/- and Remitter Challan Dated. 18.2.2010
Ex.A18. Dt .27.12.2010 Office Copy of the Legal Notice issued by the Complainant to the Opposite Party-1
Ex.A19. Dt. 12.04.2011 - Xerox Copy of Postal Aknowledgement of Opposite Party -1
Ex.A20. Dt. 02.02.2011 - Xerox Copy of Reply Notice issued by the Opposite Party - 1
Ex.A21. Dt. 22.07.2010 - Xerox Copy of Order issued by Opposite Party-1
Ex.A22. Dt. 12.04.2011 - Xerox Copy of returned Succession Original Petition (Un numbered)
Ex.A23. Dt. 05.01.2009 - Xerox Copy of the death (extract) Certificate of Abdul Khadar
Ex.A24. Dt.22.06.2010 - Xerox Copy of the relationship certificate issued by Tahsildar Vellore District
Ex.A25. Dt.11.03.2010 - Xerox Copy of the Certificate issued by Jamath to the opposite Party
Ex.A26. Dt 26.04.2011 - Xerox Copy of the Ration Card of the Complainant
Opposite Parties Documents :
Ex.B1. Dt. 14.11.2008 - Xerox Copy of Jewel Loan receipt
SD/- SD/-
MEMBER – I PRESIDENT
