Tamil Nadu

North Chennai

CC/173/2015

R.Azhagiri - Complainant(s)

Versus

The Chennai Port Trust,Employees Co-Operative Bank Ltd - Opp.Party(s)

S.Natarajan

09 Mar 2018

ORDER

 

                                                            Complaint presented on:  24.11.2015

                                                                Order pronounced on:  09.03.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

FRIDAY  THE 09^th DAY OF MARCH 2018

 

C.C.NO.173/2015

 

 

R.Azhagiri,

No.13 Sathya Krishna Nagar,

Vennar Bank Thanjavur – 613 003.

 

                                                                                    ….. Complainant

 

..Vs..

 

1.The Chennai Port Trust,

Employee’s Co-operative Bank Ltd,

By its CSR/Managing Director,

Old No:37 B New No:110,

Sembudoss Street Chennai.

 

2.R.Narsimhan,

No:17 Brindavan Avenue,

Sri Nagar Colony,

Thirumullaivoyal Chennai.

 

.....Opposite Parties

Date of complaint                                 : 01.12.2015

Counsel for Complainant                      : M/s.V.Yurendra Kumar

Counsel for 1^st Opposite Party                 : Mr.R.K.Dillibabu

 

Counsel for 2^nd opposite party                      : Mr.R.Narasimhan (Party in Person)

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to direct the 1^st opposite party to pay the matured amount due on the cash certificates with 9.5% interest till the payment and compensation for deficiency in service and mental agony with costs of the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant is the brother of the 2^nd opposite party. On 15.07.2014 the complainant deposited a sum of Rs. 1,77,000/- and another sum of Rs. 2,00,000/- with the 1^st opposite party under either or survivor with his name first and his brother / 2^nd opposite party name second for a period of 12 months with 9.5% interest per annum. The said deposits matured on 15.07.2015. The complainant added his daughter as nominee for the said deposits.  The complainant went to the 1^st opposite party with matured cash certificates demanding for payment with interest. The 1^st opposite party has not paid the deposit amounts, as the 2^nd opposite party objected by his letter dated 13.08.2015

          2.  The complainant sought information under the RTI Act. The 1^st opposite party replied that his brother is the reason for refusal and advised him to get an order from the court. The 2^nd opposite party gave the letter belatedly after maturity of the deposit. The 1^st opposite party gave a wrong reply and he cannot refuse for payment of matured deposits. The 2^nd opposite party has not obtained restraining order from the court and hence the  complainant is entitled for the deposit amount. Refusal to pay the matured amount the 1^st opposite party committed deficiency in service. Hence, the complainant filed his complaint to direct the 1^st opposite party to pay the matured amount due on the cash certificates with 9.5% interest till the payment and compensation for deficiency in service and mental agony with costs of the complainant.         

3. WRITTEN VERSION OF THE  1^st  OPPOSITE PARTY IN BRIEF:

          The complainant and the 2^nd opposite party approached this opposite party and made two deposits in either or survivor mode of account. The date of maturity of the cash certificates on 15.07.2015. The complainant or the 2^nd opposite party is entitled to get back deposits. The 2^nd opposite party gave written objection dated 13.08.2015 that this opposite party should not pay the amount to the complainant without his consent. This opposite party has not refused to pay, but it requires competent court order in view of the dispute between the complainant and the 2^nd opposite party. Hence this opposite party has not committed any deficiency in service and prays to dismiss the complaint with costs.

4.WRITTEN VERSION OF THE  2^nd  OPPOSITE PARTY IN BRIEF:

          The 2^nd opposite party made deposits in the name of the complainant. The complainant wanted to raise educational loan for his daughter’s studies. At that time the 2^nd opposite party deposits fetched interest only 8.5% per annum at the Kancheepurum central cooperative bank limited, Ambatur branch, Chennai. The 2^nd opposite party agreed and foreclosed his deposits and withdrawn a sum of Rs. 3,77,000/- on 15.07.2014 and deposited in the name of the complainant either or survivor  with the 1^st opposite party at 9.5% interest per annum.

          5. The above deposits are the own money of the 2nd opposite party. The complainant with a preplanned to cheat him and without informing him tried to encash the deposits. Further at the time of deposit, the complainant informed that he will not make any claim over the deposit, since the money belongs to this opposite party. As the 1^st opposite party refused to pay the amount, the complainant resorted in filing this complaint. The other averments made in the complaint are denied and prays to dismiss the complaint with costs. 

6. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

7. POINT NO :1& 2

          Admittedly the complainant is the brother of the 2^nd opposite party and a sum of Rs. 2,00,000/- and another sum of Rsa.1,77,000/- was deposited with the 1^st opposite party and he issued Ex.A2 cash certificates under either or survivor with the complainant  name as first  and his brother / 2^nd opposite party name as second for a period of 12 months with 9.5% interest per annum and the  said deposits matured on 15.07.2015 and the  complainant added his daughter as nominee for the said deposits and after maturity the complainant approached the 1^st opposite party for encashment of the deposits and the 2^nd opposite party gave Ex.A3 objection letter dated 13.08.2015 and in view of that letter the deposits were not paid to the complainant and thereafter he had obtained Ex.A4 and A5 replies from the 1^st opposite party under the RTI Act. 

          8. The complainant would contend that he only made deposits in his name and added his brother as survivor and on maturity he is entitled for the same and the 2^nd opposite party has no business to object for the payment of his cash certificates and failure to pay the cash certificates by the 1^st opposite party without any prohibition order with holding the same committed deficiency in service and therefore he may be directed to pay the deposit amount with interest and compensation.

          9. The 1^st opposite party pleaded in his written version that he would abide by the order of the court.

          10.  The 2^nd opposite party would contend that the complainant, his brother approached him to raise educational loan for his daughter’s higher study and in order to facilitate him he had closed his fixed deposits and withdrawn the money at Kancheepurum central cooperative bank limited as per Ex.B1 and B2 and deposited Ex.A2 in the name of complainant either or survivor and further the complainant assured to return the money after his daughter’s studies over and however immediately on maturity without informing him attempted to encash the deposits and that is why he had given Ex.A3 objection letter to the 1^st opposite party to stop the payment and accordingly and further, for the deposit money, he is only owner and prays to dismiss the complaint.

          11. It is not in dispute that the complainant is the native of Tanjavur. Absolutely there is no evidence that why the complainant had all along came from Thanjavur to deposit the amount at Chennai. On the other hand the 2^nd opposite party is residing at Chennai. The two deposits dated 15.07.2014 stands in the name of complainant amounting to Rs.3,77,000/-.  As contented by the 2^nd opposite party as per Ex.B2 he had withdrawn a sum of Rs.3,77,000/- on 15.07.2014 at Kancheepurum central co-operative bank limited. On the other hand the complainant had not shown any source for deposit of such amount in his name. Further, according to the complainant when he made his daughter as a nominee what is the necessity to make his brother / 2^nd opposite party for deposits as either or survivor. Absolutely there is no explanation on behalf of the complainant on this aspect. Therefore, in such circumstances we feel that an elaborate evidence on either side and cross examination on both the side witnesses are necessary to answer rival contentions raised by them and the same could be done only in the civil court. Hence we answer that this complaint is liable to dismissed with liberty to the complainant to file a civil suit with same set of cause of action within two months from the date of this order and to work out his remedy in the manner known to law.   

          In the result the Complaint is dismissed with liberty to the complainant to file a civil suit with same set of cause of action within two months from the date of this order and to work out his remedy in the manner known to law. There will be no order as to costs.  

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 09^th day of March 2018.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 15.07.2014                   Challans

Ex.A2 dated 15.07.2014                   Cash Certificates

Ex.A3 dated 13.08.2015                   Narasimhan’s  letter

Ex.A4 dated 31.08.2015                   Reply to RTI query

Ex.A5 dated 21.09.2015                   Reply to RTI query

LIST OF DOCUMENTS FILED BY THE 1^st OPPOSITE PARTY :

 

                                      …….NIL …..

 

LIST OF DOCUMENTS FILED BY THE 2^nd  OPPOSITE PARTY :

 

Ex.B1 dated 15.07.2014                   Foreclosure of cash certificates by this 2^nd

                                                     opposite party before Kancheepuram co-op

                                                     Central Bank Ltd., Ambattur Branch   

 

Ex.B2 dated 15.07.2014                   Withdrawal of cash amount from the above bank

                                                      on 15.07.2014

 

Ex.B3 dated 13.08.2015                   Stop payment letter given by this 2^nd opposite

                                                      party to 1^st opposite party bank

 

 

 

MEMBER – I                                                               PRESIDENT