Karnataka

Chitradurga

CC/82/2019

Sri.Arifulla S/o Late Bashasab - Complainant(s)

Versus

The Branch Manager,Millath Co-op Bank ltd., - Opp.Party(s)

G.H.Sadashivappa

31 Jul 2019

ORDER

COMPLAINT FILED ON:30/01/2019

DISPOSED      ON:31/07/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

CC.NO:82/2019

 

DATED: 31st JULY 2019

PRESENT :-         SRI.T.N.SREENIVASAIAH      :   PRESIDENT                                                    B.A., LL.B.,

                             SRI. SHIVAKUMAR.K.N         :     MEMBER

                             M.Com., LL.B.,

……COMPLAINANT/S	Sri. Arifulla S/o Late Basha Sab, Aged about 38 years, Auto Driver, R/o Gopala pura Road, Chitradurga Town. (Rep by Sri. G.H. Sadashivappa, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Branch Manager, Millath Co-OP Bank Limitedk, M.H. Road, Nehru Circle, Chitradurga Town.   2. The Branch Manager, Millath Co-OP Bank Limited, Head Office, Chokipet, Davanagere-577001.   (Rep by Sri. S. Syed Swaleha, Advocate for OP No.1)  (OP No.2 Ex-parte)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P. Act, 1986 for the relief to direct the OPs  to return the advance down payment of Rs. 8,000/- and insurance premium amount of Rs. 4,000/- to the complainant with interest and cost allowed this complaint in the  grant such other relief.

2. The Brief facts of the case:- The complainant is the auto driver and he doing auto driving job at Chitradurga City. It is submitted that he intended to purchase the 2^nd hand auto rickshaw and he need for financial assistance from OPs. The complainant is having SB Account to with the OP Branch in SB No.14LF No.29/1. OPs are offered to sell the 2^nd hand auto rickshaw to complainant and taken Rs. 8,000/- deposit as down payment and OP issued the letter to  RTO, Chitradurga for requisition and transfer of ownership and duplicate RC book. But OPs have immediately sell the said auto to others without return the advance amount of Rs. 8,000/- and insurance amount also. The complainant have invested heavy amount for repair and change the tyres of Rs. 25,000/-. Hence the complainant cause loss total Rs.37,000/-. Hence OPs are committed and violated the banking rules and regulation as per the guide line issued by the RBI. Therefore the complainant cause heavy loss just to deficiency of service of the OPs. Hence this complaint.

3. The complainant on several times requested to OPs to pay the insurance amount and also advance deposited amount of Rs. 8,000/-.

The cause of action arose within the jurisdiction of this Forum and prayed for allow the complaint.

          4. On service of notice, OP No.1 appeared through Sri. S. Syed Swaleha, and filed his version. Notice has been served to the OP.2 did not appeared. Called out absent.  Placed Ex-parte.

 

          5.  According to the version filed by the OP No.1 the complaint filed by the complainant is not maintainable either in law or on facts and the same is liable to be dismissed in limine and further the allegation made in para no. 2to4 are all false and not maintainable. The complainant has filed this false complaint against the OPs only intended to get unfair benefits. In any angle shows the complainant have not come before this forum with clean hand. It is further submitted that the complainant already filed this type of complaint against the same OPs before this forum in CC./29/2015 the same has been dismissed by this forum on 10/08/2016 again the same complaint filed by the complainant is not maintainable. After lapse of 3 years the complainant have filed this complaint it is barred by limitation. On this ground the case of the complainant may kindly dismissed. Hence pray for dismissed above complaint.

6.  Complainant himself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-6 were got marked and closed his side. On behalf of OP No.1, one Sri. Mohammed Irfan, examined as DW-1 by filing the affidavit evidence and Ex.B-1 to Ex.B-3 documents have been got marked and closed their side.  

 

          7. Arguments heard.

8.      Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainant proves that the OPs have committed deficiency of service in non-return of the down payment and insurance amount while they are received from the complainant. And entitled for the reliefs as prayed for in the above complaint?

              (3) What order?

         9.       Our findings on the above points are as follows:-

                   Point No.1:- Negative.   

Point No.2:- As per final order.

REASONS

10.    Point No.1:- The complainant is the auto driver and he doing auto driving job at Chitradurga City. That he intended to purchase the 2^nd hand auto rickshaw and he need for financial assistance from OPs. The complainant is having SB Account with the OP Branch in SB No.14LF No.29/1. OPs are offered to sell the 2^nd hand auto rickshaw. The complainant had deposited Rs. 8,000/- as down payment and OP issued letter to the RTO, Chitradurga for transfer of ownership and duplicate RC book in favour of the complainant. But OPs have immediately sell the said auto to others without return the advance amount of Rs. 8,000/- and insurance amount also. The complainant have invested heavy amount for repair and change of   tyres for Rs. 25,000/-. Hence the complainant cause loss total Rs.37,000/-. Hence OPs are committed and violated the banking rules and regulation as per the guide line issued by the RBI. Therefore the complainant cause heavy loss just to deficiency of service of the OPs. The OPs have raised the objection that the complainant was not paid any down payment and further insurance amount to the OPs. The Ex-A2 produced by the complainant is not at all tally with the pleading of the complainant and further the complainant stated in his complaint that he has paid down payment of Rs. 8000/- and insurance amount of Rs. 4000/- the complainant never produced any documents before this forum to show he was paid the above said amount to the OPs. The OPs have produced certify copy of the Orders passed by this Forum in CC/29/2014. The complainant has taken the same contention in the above said case also. That case has already decided by this forum and dismissed the same. The complainant again filed this complaint. For same reliefs.

11. We have gone through the entire documents produced by the complainant and OPs side the Exhibits produced by the complainant are no way concerned to this case. The complaint averments is different from the documents produced by the complainant. The OPs side advocate address his arguments and stating that this complainant was already filed same case before this forum. In CC/29/2014 for the same reliefs. That case already dismissed by this forum. Again complainant filed this complaint for the same cause of action is not maintainable. And further the complainant has filed this complaint after lapse of 3 years on this ground alone the complaint of the complainant is barred by limitation. The Ex-B-1 produced by the complainant it clearly shows that the complainant was filed to prove his case. In any angle shows that the OPs have not committed any deficiency of service. Accordingly, this Point No.1 is held as Negative.

            12. As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby is dismissed. No cost.

 (This order is made with the consent of Member after the correction of the draft on 31/07/2019 and it is pronounced in the open Court after our signatures)        

 

                                     

MEMBER                                                                      PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OP1:

DW-1:  Sri.Momhammed Irfan, Bank employee, by way of affidavit evidence. 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Legal Notice
02	Ex-A-2:-	Bank Notice, dated 21/10/2014
03	Ex-A-3:-	Registration Letter of RTO dated 20/12/2014
04	Ex-A-4:-	Copy of RC Book
05	Ex-A-5:-	Insurance copy
06	Ex-A-6:-	Bank pass book.

Documents marked on behalf of OPs:

01	Ex-B-1:-	Certified copy of complaint No. CC.29/2014.
02	Ex.B-2:-	Notarized copy of Orders passed in CC.No.29/2014.
03	Ex.B-3:-	Notorised copy of Petition filed in PLC No. 50/2019, District Legal services Authorities.

 

 

 

          MEMBER                                                             PRESIDENT

kms**