Tamil Nadu

Vellore

CC/12/3

Mr. Shajakhan - Complainant(s)

Versus

The Chief Manager, Bharath State Bank of India - Opp.Party(s)

G.Kalaimani

21 Jul 2022

ORDER

                                                                                          Date of filing  :  02.01.2012

                                                                                                Date of order :  21.07.2022

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE, AT VELLORE DISTRICT

 

 

PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L.        PRESIDENT

                             THIRU. R. ASGHAR KHAN, B.SC, B.L.                      MEMBER- I

                               SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A.,      MEMBER -II

 

                                  

THURSDAY THE  21^ST DAY OF JULY  2022

CONSUMER COMPLAINT NO: 3 /2012

 

Mr. Shajakhan,

S/o. Ismail Khan,

No.347, T.N.H.B,

Phase-II,

Thirupattur Town,

Vellore District.                                                                                ...Complainant

 

-Vs-

 

1. The Chief Manager,

    Bharat State Bank of India,

    Code No.0934Thirupattur,

    Krishnagiri Road,

    Thirupattur Town,

    Vellore District.

 

2. The Divisional Manager,

    Bharat State Bank of India,

    T.M.K Complex, 3^rd Floor,

    No.46/51, Katpadi Road,

    Vellore-4.

 

3. The Regional Manager for Tamil Nadu & Pondy,

    Bharat State Bank of India,

    No.16 College Lane,

    Circle Top Office,

    Chennai – 600 006.

 

Counsel for complainant                   : Thiru.  G. Kalaimani

 

Counsel for opposite parties- 1 to 3  : Thiru. N.S. Ramanathan

 

 

 

                                                

ORDER

 

THIRU.A. MEENAKSHI SUNDARAM, B.A., B.L.PRESIDENT

 

 

The complaint has been filed Under Section 12 of Consumer Protection Act 1986.

Complainant has prayed to direct the opposite parties to return the jewels of weight of about 43 sovereigns of gold, and also to pay a sum of Rs.1,00,000/- to the complainant for damages and mental agony.

 

1. The case of the complaint is briefly as follows:                                       

          The complainant availed a jewel loan of Rs.2,36,000/- on 27.12.2008 from the first opposite party by pledging his gold ornaments of 45 sovereign, in March 2010.He approached the first opposite party, for the redemption of his jewels along with principal and interest amount. Mr. Rajagopal then the Manager of the first opposite party, informed that the previous officer who was in-charge of the jewels committed some fraud, misappropriation and looted the pledged jewels including the complainant’s jewels.  For which the first opposite party also lodged a complaint before the District Crime branch at Vellore. An F.I.R was registered in Crime No.23/2010 on 20.04.2010 against the officials, who committed the above said crime. Therefore, the Manager informed that some efforts will be made to return the Jewels, but he did not fix any specific date or time for return of the jewels. The acts of the opposite parties amounts to breach of contract, failure of their official duty, which comes under the provision of the dereliction of duties of the opposite parties and also attracts penal provision of section 12(1) (d) action as well.  The complainant also lodged a complaint, before the inspector of police Thirupattur Town on 08.11.2011 and the same was entered in C.S.R No. 331/2011.  Thereafter, the complainant issued a legal notice to the opposite parties and the same was received by the first opposite party.   But the second opposite party’s cover was returned.  Finally, on 23.12.2011, the Chief Manager of the first opposite party, sent a memo to the complainant.  The complainant pledged jewels for the purpose of his sister’s marriage, the same was delayed because of non return of jewels the opposite party, and this has caused too much of torture, mental agony shock and hardship to him.  For the failure of the opposite parties, there is a deficiency in their service.  The complainant has been always ready and willing to pay the principal amount with interest, upto March 2010.  The first opposite party is bound to return the schedule mentioned articles. Further, the opposite parties are liable to compensate the complainant, by way of damages of Rs.1,00,000/- for his pain and suffering due to the act of the opposite parties.   Hence, this complaint.

 

2.  The written version of opposite parties are as follows:

          The complainant is put to strict proof of the allegation made, that he had pledged 8 items of gold ornaments weighing about 45 sovereigns with the first opposite party’s bank and availed a loan of Rs.2,36,000/- on 27.12.2008, on the security of the above pledged jewels.  This opposite party was not able to find any entry in the ledger for ornaments, and no gold loan bag is available including documents as mentioned in the complaint.  One of the official of this opposite party bank, had committed fraud in the gold loan section and in this regard a police complaint was given and registered an FIR as Crime No.23/2010 dated 20.04.2012 and the investigation is in the progress.  In the meantime, the departmental enquiry was also ordered by the second and third opposite parties, and the departmental enquiry also is in progress.   This first opposite party had also referred the matter to it’s law department and they are also investigating the matter.  This opposite party are taking steps to verify the bonafide nature of the claim of the complainant and of the proof and satisfaction of the claim of the complainant.  This opposite party will take all steps to settle the issue depending upon the genuineness of the claim.  The weight of the pledged gold jewels as mentioned in Para 7(a) differs from the allegation made in para 4 of the complaint.  So the complainant is put to strict proof of his claim.   There is no intention on the part of this opposite party bank not deliver the ornaments.  If really the ornaments are pledged with this opposite party bank, both police investigation and departmental investigation was ordered and this opposite party bank is weight for outcome of those investigations and if the claim of the complaint is genuine, then the opposite party bank will take all steps to settle the same.  For the foregoing reason this complaint is dismissed with cost to this opposite party.

 

3.       Proof affidavit of the complainant filed.  Ex.A1 to Ex.A8 were marked.  First opposite party Chief Manager Mr.V. Mamallan proof affidavit filed.  Ex.B1 marked.  Written arguments of both parties were filed.  Oral arguments of both sides heard.

 

4. THE POINTS THAT ARISES FOR CONSIDERATION ARE:    

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

           2.  Whether the complainant is entitled for relief as claimed in the complaint?

           3.  To what relief, the complainant is entitled to?

 

5. POINT NOS.1&2:     The complainant availed a jewel loan of Rs.2,36,000/- by pledging his gold ornaments weighing about 45 sovereigns with the following items

SCHEDULE OF PROPERTIES

1. jA;f $pkpf;if, khl;ly; cs;gl xU $ij mjd; vil Rkhh; 4 rtud;;

2. jA;f bef;y!; xd;W vil Rkhh; 5 rtud;;

3. jA;f g{ Muk; vil Rkhh; 10 rtud;    

4. jA;f tisay;fs; 5 vil Rkhh; 10 rtud;

5. jA;f gpBu!; iyl; vil Rkhh; 5 rutd;;

6. jA;f ikdh; brapd; vil Rkhh; 5 rtud;

7. jA;f BkhjpuA;fs; nuz;L vil Rkhh; 3 rtud;

8. FHe;ijfs; jA;f brapd; 2 Rkhh; 1½ rtud; Mf bkhj;j vil Rkhh; 3

rtud; MFk;.

The complainant approached the first opposite party to redeem his jewels in March 2010 along with principal and interest amount.  The Manager of the first opposite party represented that one of their previous employees, who was in-charge of the jewel loan section committed fraud misappropriation and had looted the pledged articles of general public.  In which the complainant’s jewel was also lost.  As a result the officials of the first opposite party lodged a complaint with the District Crime Branch and an FIR was registered as Crime No.23/2010 on 20.04.2010.  The complainant has filed the copy of the receipt of the jewels loan, which was marked as Ex.A1  wherein it was found that on 27.12.2008 the complainant got a jewel loan from the first opposite party. The complainant also lodged a police complaint with the Thirupattur Town police in this regard.  Though the opposite party admitted that the complainant availed a loan of Rs.2,36,000/ - to correctness of the jewels pledged was disputed by the first opposite party.  It is pertinent to note that the offense was committed in 2010.  But the case was registered in 2012, till such time there was no progress in the above case. Further even during the argument, the counsel for the opposite party could not convince this commission as to what had happened in the criminal case.  The general public had approached the opposite party bank, believing that the opposite is Government Public Sector Undertaking bank, their jewels will be kept in safe custody.  On the other hand the opposite party simply is stating that their previous employee has committed fraud.  As a result, “when the investigation is over, we will take steps to return the articles of the complainant”, which is not convincing for this commission. Because in view of the contractual obligation the opposite parties are liable to return the Golden articles, when the complainant ready to settled the dues.  Therefore, the opposite party failed to Honour their commitments.  In view of the contractual terms, the opposite parties are jointly or severally, vicariously liable for the mistake done by their employees.  Hence these Point Nos.1 and 2 are decided in favour of the complainant. 

 

6.  POINT NO.3:     As we have decided in Point Nos.1 and 2 that there is a deficiency in service on the part of the opposite parties.  The first opposite party is hereby directed to return the jewels 43 Sovereigns as mentioned in the schedule of the complaint, on receipt of the loan amount of Rs.2,36,000/- (Rupees Two Lakhs and Thirty Six Thousand only) with 7% interest p.a. from 27.12.2008 to till March 2010, from the complainant interest if any paid by the complainant may be deducted.  In the alternative the first opposite party is directed to pay a sum of Rs.15,92,720/- (Rupees Fifteen Lakhs Ninety Two Thousand Seven Hundred and Twenty only) the present market value of the jewels after deducting the loan amount of Rs.2,36,000/- (Rupees Two Lakhs and Thirty Six Thousand only) with 7% interest p.a. from 27.12.2008 to till March 2010 to the complainant and also the opposite parties are jointly or severally to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.5,000/- (Rupees Five Thousand only) towards cost to the complainant.  This point No.3 is also answered accordingly.

 

7.       In the result this complaint is allowed.  The first opposite party is hereby directed to return the jewels 43 Sovereigns as mentioned in schedule of the complaint on receipt of the loan amount of Rs.2,36,000/- (Rupees Two Lakhs and

Thirty Six Thousand only) with 7% interest p.a. from 27.12.2008 to till march 2010 from the complainant interest if any paid by the complainant may be deducted.  In the alternative the first opposite party is directed to pay a sum of Rs.15,92,720/- (Rupees Fifteen Lakhs Ninety Two Thousand Seven Hundred and Twenty only) the present market value of the jewels after deducting the loan amount of Rs.2,36,000/- (Rupees Two Lakhs and Thirty Six Thousand only) with 7% interest p.a. from 27.12.2008 to till March 2010 to the complainant and also the opposite parties are jointly or severally to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.5,000/- (Rupees Five Thousand only) towards cost to the complainant within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization.

 

Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 21^st July, 2022.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

 

       Sd/-                                                    Sd/-                                                                                         Sd/-

MEMBER –I                                    MEMBER – II                                  PRESIDENT

 

LIST OF COMPLIANANT SIDE DOCUMENTS:

Ex.A1 – 27.12.2008 -  The date of pledging the jewels before the first opposite

                                     party for a sum of Rs.2,36,000/- with 7% interest

 

Ex.A2 – 08.11.2011 -  Copy of the report filed by the complainant before the

                                     Inspector Police Thirupattur Town P.S.,

 

Ex.A3 –08.11.2011  -   The copy or the copy of CSR No.331/2011 by the

                                     complainant before the Inspector of Police Thirupattur

                                     Town P.S.,

 

Ex.A4 – 09.11.2011 -   The Chief Manager, S.B.I Thirupattur reply to (Branch Code

                                     No.0934) the S.I of Police Thirupattur Town P.S.,

 

Ex.A5 – 25.11.2011 -   The office copy of the legal notice to Nos. 1 to 3 opposite

                                     parties

 

Ex.A6                     -    The acknowledgement card of the second opposite party.

 

Ex.A7                               -    The unserved postal notice cover to second opposite party.

 

Ex.A8 – 23.12.2011 -  The Chief Manager, S.B.I first respondent’s office memo

                                    addressed to the complainant.

         

LIST OF OPPOSITE PARTIES SIDE DOCUMENTS:

 

Ex.B1                     -  copy of certified copy of accounts.

 

    Sd/-                                              Sd/-                                                              Sd/-

 

MEMBER – I                                 MEMBER – II                                          PRESIDENT