Date of filing : 30-04-2012
Date of Disposal: 03-10-2012
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANANTAPUR.
PRESENT: - Sri T.Sundara Ramaiah, B.Com., B.L., President (FAC)
Sri S.Niranjan Babu, B.A., B.L.,Male Member
Smt. M.Sreelatha, B.A., B.L., Lady Member
Wednesday, the 3rd day of October,, 2012
C.C.NO. 19/2012
Between:
P.Ravindra S/o P.Peddanna
r/o Tagguparthi Village,
Beluguppa Mandal
Anantapur. …. Complainant
Vs.
1. The Branch Manager,
Andhra Pragathi Grameena Bank,
Tagguparthi Branch, Tagguparthi Village,
Beluguppa Mandal,
Anantapur District.
2. The Regional Manager,
Andhra Pragathi Grameena Bank,
Near Z.P. Office,
Anantapur. …. Opposite Parties
This case coming on this day for final hearing before us in the presence of Sri M.Manohar Naidu, advocate for the complainant and Sri G.Ramgopal, Advocate for the opposite parties 1 & 2 and after perusing the material papers on record and after hearing the arguments of the complainant’s side, the Forum delivered the following:
O R D E R
Smt.M.Sreelatha, Lady Member: - This complaint has been filed by the complainant under section 12 of Consumer Protection Act, 1986 against the opposite parties 1 & 2 to direct them to pay a sum of Rs.20,762/- towards transfer /withdrawn amounts, Rs.500/- towards legal notice charges and Rs.5,000/- towards mental agony in total Rs.26,262/- with future interest @ 24% p.a. and costs of the complaint.
2. The brief facts of the complaint are that :- The complainant is a customer of the opposite party No.1and doing Bank transaction. He is a deposit holder to the Bank. He never defaulted and no due to any loan at any time and he is paying loan in time as per instructions of the opposite party No.1. The 1st opposite party also took deposits from the complainant at the time of March. The complainant is paying loans regularly to the 1st opposite party and completely depending upon agriculture. The complainant raised crops in his fields and obtained crop loan and paid insurance premium to the said crop to the 1st opposite party. The crop was failed and the Govt. of India announced crop insurance to the farmers, who paid crop insurance and the complainant is also eligible person for crop insurance and he got crop insurance amount of Rs.29,100/- due to loss of his crops. The 2nd opposite party is Head Office of the 1st opposite party. The 1st opposite party adjusted the amount of Rs.29,100/- to the complainant account No.940. The complainant went to the opposite party to withdraw the amount from his account for his family necessities and learnt that the opposite party has withdrawn/transfer the amount of Rs.20,762/- from the complainant Account No.940 without any prior notice or information. The complainant suffered mental agony due to illegal activity of 1st opposite party and sustained loss. The complainant demanded the said amount. Even after demand by the complainant, the 1st opposite party sent a letter dt.31-01-2012 to the complainant that the amounts were adjusted towards the debt of your wife and sister but not mentioned the names. The 1st opposite party never informed to the complainant about the said debt before deduction or transfer and never given any notice prior to deduction. The sister of complainant by name Umadevi died on 08-04-2010 and no notice was sent to her in her life time when she was alive towards the debt. The death of Umadevi was clearly known by the 1stopposite party. The wife of the complainant by name Varalakshmi was never due any amount to the Bank or Santi SHG. The complainant asked Varalakshmi towards the debt and received information that she paid entire amounts to Santi SHG and no due any amount to SHG or Bank. The 1st opposite party has not given any notice or information to the complainant before transfer the amounts and violated the Bank rules and regulations. The complainant is not guarantor or surety holder to the said Santi SHG loan. The 1st opposite party is colluded with one Geeta Devi and Sarojamma of Tagguparthi Village and transfer the amounts illegally. The 1st opposite party has no right to transfer or deduct the insurance amounts as per Crop Insurance Laws. The complainant issued a legal notice to the opposite party No.1 dt.03-04-2012 and the said notice was served on the 1st opposite party on 07-04-2012 but not adjusted the amounts or not paid the amounts or not replied so far and acted under deficiency of service. Hence the complainant has no other go except to approach this Forum to seek Redressal justice. The 1st opposite party acted under deficiency of service and violated the Bank rules and regulations and violated crop insurance laws, hence liable for the same. The opposite parties 1 & 2 are jointly and severally liable for the same.
3. Both opposite parties called absent and there is no representation on behalf of the opposite parties 1 & 2.
4. Basing on the above pleadings, the points that arise for consideration are:-
1. Whether there is any deficiency of service on the part of the opposite parties
1 & 2 ?
2. To what relief?
5. To prove the case of the complainant, the evidence on affidavit of the complainant has been filed and marked Exs.A1 to A3 documents.
6. Heard on complainant’s side.
7. POINT NO.1 - The counsel for the complainant argued that the complainant is an agriculturist and he used to raise crops in his fields. The complainant obtained crop loan from the 1st opposite party-Bank and paid insurance amount to the said loan. Due to the crop failure, the Government announced crop insurance to the eligible farmers and the complainant is one in the same list. The 1st opposite party allotted a sum of Rs.29,100/- towards crop insurance amount and the same was credited to his account. When the complainant went to withdraw the amount, he came to know that the amounts were transferred by the opposite parties without prior notice. The complainant demanded the opposite party No.1 for the amounts then 1st opposite party sent a letter dt.30-01-2012 as the amounts were adjusted to his wife and sister’s debts. But the sister of the complainant died on 08-04-2010 and his wife by name Varalakshmi is not having any debts to the 1st opposite party nor to the Santi SHG. The complainant neither guarantor nor surety-holder to his wife or to his sister’s debt. Bank people colluded with the people of Tagguparthi and transferred the amounts illegally. The complainant got issued legal notice on 03-04-2012 but no reply. Hence there is deficiency of service on the part of the opposite parties and the complainant is entitled the amount.
8. On behalf of the opposite parties 1 & 2 no counter filed.
9. Basing on the available documents, we are of the opinion that the complainant is having account with 1st opposite party vide Account No.940. The opposite parties failed to explain that the complainant was entitled for crop loan and he was allotted a sum of Rs.29,100/- towards crop loan. The complaint is also silent about the same as the complainant has not filed any document to show that crop insurance amount was credited to his account by the 1st opposite party. We have to believe the version made in the complaint as the opposite parties have not field any counter and not showed any interest to deny the allegations of the complainant.
10. As per Ex.A1 dt.31-01-2012 shows that the 1st opposite party transferred a sum of Rs.20,762/- from the complainant Account No.940 for the dues of his wife and sister as both of them are due the amount to Shanti Mahila Sangam. In Ex.A1 there were no recitals whether the complainant was guarantor or surety holder to his wife or to his sister’s debts. Simply mentioned in the letter that the complainant’s wife and sister are due the amounts to Indira Kranthi Sangam so the amounts of the complainant were adjusted for the above debts. It is also silent in that letter for which period wife and sister of the complainant have due the amount as the complainant stated his sister died in the year 2010. It gives so many doubts on the part of the opposite parties about their services to the customers.
11. To believe the version of the complainant that the opposite parties transferred the amounts unauthorizedly from his account without any prior notice or his consent for this he got issued legal notice dt.03-04-2012 (Ex.A2) that notice was served but there was no reply from the opposite party No.2. We have to believe the version of the complainant as the opposite parties did not turn up to say whether the complainant is guarantor to his wife or to his sister debts.
12. We have got doubt about the opposite parties attitude as they failed to file any reply to the averments made in the complaint being a Financial Institute. Just we have to believe Ex.A1 document as the complainant not filed any document to show that the complainant is having lands and he used to cultivate the same and he has taken crop loan from the opposite parties and paid premiums regularly.
13. Hence, it is clear that the opposite parties acted negligently while discharging their services and the 1st opposite party transferred the amount of the complainant illegally without any prior notice and the opposite parties are liable to pay the transferred amount of the complainant from his account No.940. This point is answered accordingly in favour of the complainant and against the opposite parties.
14. POINT NO.2 - The complainant proved that the amounts were transferred illegally by the opposite party No.1 and that the complainant is entitled the transferred amount of Rs.20,762/- and a sum of Rs.2,000/- towards mental agony and a sum of Rs.1,000/- towards costs. This point is answered accordingly in favour of the complainant and against the opposite party No.1.
15. In the result the complaint is allowed partly and the opposite party No.1 is liable to pay a sum of Rs.20,762/- towards compensation and a sum of Rs.2,000/- towards mental agony and a sum of Rs.1,000/- towards costs within one month from the date of this order. The complaint against the opposite party No.2 is dismissed without costs.
Dictated to the Steno, transcribed by him, corrected and pronounced by us in open Forum, this the 3rd day of October, 2012.
Sd/- Sd/- Sd/-
MALE MEMBER LADY MEMBER PRESIDENT (FAC)
DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM
ANANTAPUR ANANTAPUR ANANTAPUR
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
ON BEHALF OF THE COMPLAINANT: ON BEHALF OF THE OPPOISITE PARTIES
-NIL- -NIL-
EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT
Ex.A1 – Letter dt.31-01-2012 issued by the 1st opposite party to the complainant.
Ex.A2 - Office copy of legal notice dt.03-04-2012 got issued by the complainant to the 1st
opposite party.
Ex.A3 - Postal acknowledgement signed by the 1st opposite party.
EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTIES
- NIL -
Sd/- Sd/- Sd/-
MALE MEMBER LADY MEMBER PRESIDENT (FAC)
DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM
ANANTAPUR ANANTAPUR ANANTAPUR
