Karnataka

Chitradurga

CC/90/2021

M.P.Sathyanarayana reddy,S/o late Mara Sannappareddy - Complainant(s)

Versus

The Branch Manager,State bank of India - Opp.Party(s)

L.Madhusudhana

12 Nov 2021

ORDER

COMPLAINT FILED ON:21/10/2021 DISPOSED ON:12/11/2021 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA. CC.NO:90/2021 DATED: 12th November 2021 PRESENT: - Smt. H.N. MEENA. B.A., LL.B., PRESIDENT Sri. G. SREEPATHI, B.Com. LL.B., MEMBER Smt. B.H. YASHODA. B.A., LL.B., MEMBER ……COMPLAINANT/S 1. M.P. Sathyanarayanareddy s/o Late Mara Sannappareddy, Aged about 70 Years. 2. M.p. Ramalingareddy S/o Late Mara Sannappareddy, Aged about 66 years. Both are partners of Dissolved Partnership Firm, M/s M.R.P. Lodging Complex, V.P. Extension, Chitradurga. (Rep., by Sri. L. Madhusudhana, Advocate) V/S ….OPPOSITE PARTY/S 1. The Branch Manager, State Bank of India, V.P. Extension, Chitradurga. 2. Regional Manager, State Bank of India, Regional Office, Opp., Puja Hotel, Reliance Building, Davanagere. BY SRI. G. SREEPATHI, MEMBER. -: ORDERS ON ADMISSIBILITY OF COMPLAINT :- The complainant has filed this complaint against Op.1 and 2 and prays to direct Op to allow the complainants to operate the current account vide its No. 33152001596, with balance of Rs. 44,33,482/- for purpose of remittance, withdrawal or closure, further to award cost of Rs. 2,00,000/- for mental agony, hardship and inconvenience due to service deficiency and to award damages of Rs. 3,00,000/- for preventing complainants from using the amount of Current account for statutory payments and for other personal expenses and such other reliefs as this Hon’ble Commission deems fit to grant under the circumstances of case. FACTS IN BRIEF:- 2. The brief facts of the complainant case is that, complainant 1 and 2 and their brother M.P. Balasundarareddy together formed a partnership firm under the name and style M/s M.R.P. Lodging complex by virtue of Registered Partnership deed dated 21/07/1997 which was registered before Registrar of firms, Chitradurga dated 23/07/1997 having its place of business at M.R.P. lodge, Chitradurga. The object of partnership firm was to carryout Hotel Business such as lodging and restaurant by constructing the building in V.P. Extension, Chitradurga. 3. The complainant further states in his complaint that, the duration of partnership is for a period of 20 years commencing from the date of deed of partnership or till the discharge of KSFC loan availed at Chitradurga. The firm started its business from 21/07/1997 having an end on 21/07/2017 by efflux of time and also in the year 2009 as the loan availed from KSFC, Chitradurga for carrying the object of the firm discharged. For the purpose of smooth running of the business of firm, the current account was opened with Op.1 at Chitradurga vide its No.33152001596 for making transactions and the balance as on 09/08/2021 was Rs. 44,33,482/-. 4. Further complainant states in his complaint that, since the purpose of the firm is accomplished and the time fixed for the business of the firm and also having an end on 21/07/2017, all the 3 partners by mutual consent partitioned shop premises in M.R.P lodging by virtue of Registered partnership deed dated 29/10/2018 and Khata of the properties allotted to each sharer got changed in Municipal Office Chitradurga, and started enjoying their share. After partition the complainants have paid GST. Electricity bill TDS and other statutory payments, for any payment from Op.1 Bank account all the 3 partners have to sign the cheque for withdrawal of the amount. M.P. Balasundarareddy at any stage did not turn up to Co-Operate with the complainants to complete the affairs of the firm and other formalities. Complainants several times requested to Co-Operate and finally complainants being two partners of the firm unanimously by declaration expelled M.P. Balasundarareddy from the firm due to non-Cooperation, negligent attitude in attending the business of the firm. After expelling M.P. Balasundarareddy from the firm as a partner, have submitted an application to Registrar of firm and also deed of dissolution of partnership dated 30/09/2020. In pursuance of the same the Registrar of firm by order dated 06/11/2020 dissolve the partnership firm. 5. Further complainants in their complaint states that, they have furnished all the particular to Op.1 and requested them to permit for operation of the said current account for all purposes for which Op asked the complainant to submit No objection from M.P. Balasundarareddy for operation of current account. The legal department of Op also not accepted the particulars submitted by complainant. Complainant states that Op have exceeded their limits in not allowing complainants to operate current account, by not considering the fact that, the expelled partner has not challenged factum of expulsion, dissolution and acted upon. 6. Further complainant states in his complaint that, they have presented one cheque on 24/08/2021 vide No. 413337 for Rs. 5,00,000/- to Op Bank for payment, to make some statutory payments, Op.1 have returned the cheque with an endorsement drawers signature required which has no stand in law. The complainants being 2 partners after the expulsion of another partner in accordance with law have locus standi and authorized person to act for business of firm for completion of all formalities to put an end. The complainants got issued legal notice dated 13/09/2021 to Ops to permit them to transact with said Current Account for which Op’s have sent reply notice on 28/09/2021 and further asked the complainants to bring the necessary order from any Hon’ble Civil Court or Hon’ble Forum for operation of account by 2 partners instead of 3 since there is a dispute between 2 partners and one partner. 7. The complainant further states in his complaint that, as the Ops have failed to allowed the complainants to operate current account for the same they have put into irreparable loss, hardship, inconvenience and their legal right has been curtailed and infringed because of unlawful act of Op’s. With this the complainants have faced service deficiency. 8. That on perusal of the facts of the complaint which clearly illustrates that. The complaint filed by the complainant is commercial in nature and apart from this it is a partnership firm, have dispute among partners the nature of business is lodging and restaurant. The complainants were having Current Account with Ops Bank and the facts involved in entire complaint is Civil in nature having complex issues which has to be decided before the Civil Court after proceeding with the case in detail. As reported in 2012 NCJ, Page No.120, in a case of Birendra Kumar Srivastava – Petitioner(s) V/s Ajay Girish Varma- Respondent(s) the Hon’ble National Commission noted that “Whenever complicated question arise, they will be out of the purview of the Forum where evidence is to be recorded and such cases are to be decided by the Civil Court. Cases referred:- 1) M/s Rubi (Chandra) Dutta V/s United India Insurance Company Limited 2011 (3) scale-654. The important point observed in this case is, complicated cases of facts are to be decided by the Civil Court because it will be out of the purview of Forum. As reported in 2021 (2) CPR page No. 58 by the Hon’ble National Commission in a case of M/s L.M. Jewelers- Complainant V/s M/s Oriental Insurance Company Limited–Opp., parties, the important point observed in this case is that, a Consumer complaint can be returned for presentation before Civil Court if the case requires recording of extensive oral evidence and provided of extensive documentary evidence. On observing all the above citations of Hon’ble National Commission and as discussed above, the complaint filed by the complainant is not maintainable before this Commission and accordingly we proceed to pass the following. -: ORDER:- The complaint filed by the complainant is not maintainable before this Commission for adjudication and the same is hereby rejected. (Dictated to stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 12th day of November 2021) LADY MEMBER MEMBER PRESIDENT Kms.