BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BAGALKOT.

C.C.No.104/2018

Date of filing: 12/09/2018

Date of disposal: 20/02/2019

P R E S E N T :-

- V/S -

JUDGEMENT

By Smt. Sharada. K. President.

1.      This is a Complaint filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (herein after referred to as Act) against the Opposite Party (in short the “OP”) directed the OP to redeposit Rs.60,000/- in the loan account No.113706211000017 of complainant with interest
@ 18% p.a. from 18.03.2017 to till realization and to pay Rs.30,000/- towards mental agony, harassment and pay Rs.5,000/- towards cost of the proceedings.

2.      The facts of the case in brief are that;

          The case of the complainant is that, the complainant is resident of Mahalingpur, doing lath machine work as labour work and due to some family medical expenditure, the complainant has approached the OP/Vijaya Bank Branch Manager for the loan of Rs.1,00,000/- and the said loan has been sanctioned by the OP under loan A/c No.113706211 000017 on dtd: 18.03.2017 and also OP has issued the cheque book to the complainant related to the above said loan and further on very same day, the complainant has issued the cheque for Rs.60,000/- in the name of one of his fried Shankar P. Sonnad and handover the said cheque to the OP bank clerk for transfer of Rs.60,000/- from his account to his friend.

It is further contended that, the complainant having no knowledge of banking system i.e. the cheque issued in the name of person should be crossed in the left side of cheque (A/c pay cheque). But he had not made any cross and he has issued the cheque of Rs.60,000/- to the concerned clerk to transfer his friend. Thereafter in the month of April-2017 Mr.Shankar P. Sonnad asked the complainant for the refund of his Rs.60,000/- hand loan amount, then complainant has told him that, he has issued the cheque for Rs.60,000/- in favour of Mr.Shankar P. Sonnad and the same had not received by his friend nor Mr.Shankar P. Sonnad had made any signature on the cheque for the self-withdrawal, hence, the question arise where is Rs.60,000/- and who withdrawal of Rs.60,000/- for that, the bank Manager of OP has given the assurance that, they will find out after enquiry and also OP requested some time. Hence, believing in the words of OP he had not taken any legal steps against the OP-bank and in regular intervals visited OP bank for the details of Rs.60,000/-, but OP has not clarified about said disputed Rs.60,000/- till today, due to his own negligence, the
OP-Bank has failed to provide proper services to the complainant, it clearly attracts deficiency of service towards complainant. Hence, complainant has constrained to file this complaint.

3.      After issue of notice to the Opponent. The OP has appeared through his Counsel, but he has neither filed written version nor put-forth any affidavit evidence in the above said complaint.  

4.      In support of the claim in the complaint, the complainant has filed his affidavit and produced two documents, which are as under;

5.      On behalf of OP has not produced any document. Heard the argument on both sides.

Now, the following points that would arise for our consideration in deciding the case are;

1. Whether the complainant has proved that, there 

    is deficiency in service on the part of the OP ?

2. What order

6.      Our findings on the above points are as fallow;

1. Point No.1 in the Negative.    
2. As per final Order.

                      R E A S O N S

7.     Point No.1:- We have gone through the pleadings of the complaint, affidavit evidence and documents placed on record of complainant, it is disputed fact that, the complainant has availed loan of Rs.1,00,000/- to the OP-bank for his family medical expenditure expenses. The case of the complainant is that, after clearance of the loan amount of Rs.1,00,000/- the complainant has issued the cheque for Rs.60,000/- on dtd:18.03.2017 in the name of his friend Shankar P. Sonnad and handover the said cheque to the OP-bank clerk for transfer of Rs.60,000/- from my account to Shankar P. Sonnad account and further the above said amount had not received by the Shankar P. Sonnad, hence, the question arise where is Rs.60,000/- and who withdrawal of Rs.60,000/-?.

In order to prove the said contention, the complainant did not produce any iota of evidence to show that, the complainant has availed the loan of Rs.1,00,000/- to the
OP-bank on dtd: 18.03.2017 and further on the same day the complainant has issued the cheque for Rs.60,000/- transfer to his friend i.e. Shankar P. Sonnad or not? For this proposition, the complainant has not produced any material peace of document to show that, there is deficiency in service on the part of the OP and it is an imaginary thought that, the complainant has availed loan of Rs.1,00,000/- to the
OP-bank on dtd: 18.03.2017 and on the same day he has issued cheque of Rs.60,000/- to transfer his account to Shankar P. Sonnad.

Under such circumstances, the complainant has failed to prove the alleged in the complaint regarding the above said cheque amount of Rs.60,000/-. Therefore, looking from any angle, the complainant can’t claim compensation from OP and there is no deficiency on the part of the OP. Therefore, in our considered opinion that, the contention of the complainant cannot be believable and it has no force and there is no deficiency of service on the part of the OP. Accordingly, we answer this Point in the Negative. Hence, we proceed to pass the following;

O R D E R

For the reason discuss above, the complaint filed by the complainant U/s 12 of the C.P. Act – 1986 is here by dismissed.

No order as to costs. 

            (This order is dictated to the Stenographer, transcript edited, corrected and then pronounced in the open forum on this  20^th day of February, 2019).