Karnataka

Dharwad

CC/299/2014

Mohan.P.Tatpati - Complainant(s)

Versus

The Liquidator, Marata Co Operative Bank - Opp.Party(s)

S.B.Katagi

26 Mar 2015

ORDER

BEFORE THE  DIST. CONSUMERS DISPUTES REDRESSAL FORUM;  DHARWAD.

                               

DATE:  26^th March 2015       

 

PRESENT:

1) Shri B.H.Shreeharsha       : President

2) Smt.M.Vijayalaxmi             : Member

3) Shri.M.Lokesh          : Member

 

Complaint No.:  299/2014 

 

Complainant/s:       Mohan s/o.Prasad Tatpati, Age about 56 years, Occ: Bank service, R/o.No.6, Pariwar Patels, 15^th Main, 14^th Cross, Rose Garden Road, J.P.Nagar, V Phase, Bangalore.

 

(By Sri.S.B.Katagi, Adv.)

 

v/s

 

Respondent/s:         The Liquidator, The Maratha Co-op. Bank Ltd., Maratha Galli, Hubli.

 

                                (By Sri.J.R.Mandre, Adv.)

 

 

O R D E R

 

By: Shri. B.H.Shreeharsha : President.

 

1.     The complainant has filed this complaint claiming for a direction to the respondent to pay Rs.1,15,516/- in respect of FD receipts & balance in SB account along with interest @18%, to pay Rs.10,000/- compensation for mental agony, to order for cost of the proceedings and to grant such other reliefs.

Brief facts of the case are as under:

2.     The case of the complainant is that, the father of the complainant had deposited the amount with the respondent in Fixed Deposit and also maintained SB account bearing no.12962/43. On 12.12.2003 the father of the complainant died. The complainant is the nominee for the said FDs. Out of the amount payable under FD the respondent settled Rs.84,367/- and issued unpaid balance receipt for Rs.84,367/-. An additional amount sum of Rs.31,149/- is outstanding as on 10.03.2007 under the SB account belongs to the late father. Due to non payment the complainant subjected to mental agony. For the legal notice issued on 16.08.2014 the respondent sent evasive reply on 02.09.2014 which amounts to deficiency in service. Hence, the complainant filed the instant complaint praying for the relief as sought.

3.     In response to the notice issued from this Forum the respondent  appeared and filed the written version in detail denying and disputing the complaint averments. Further the respondent taken contention that the complaint as brought is not maintainable either on law or on facts. The complainant is not the consumer and prays for dismissal of the complaint. Further averred the respondent bank is liquidated w.e.f.02.02.2008 & the respondent liquidator has taken charge from 04.02.2008 to do needful and to protect the interest of the depositors and the assets of the respondent bank in accordance with the guidelines of RBI & have paid Rs.1,00,000/- to the maximum to the every depositors as per the guidelines of RBI out of DIC claim accordingly on preferential basis liquidator is discharging her responsibilities & refunding the amount to the DIC as preferential basis and rest of the amount is distributing among the creditors in accordance with the guidelines, as such the respondents have not committed any deficiency in service and the present complaint is barred by the jurisdiction for adjudication by this Forum u/s.118 of KCS Act 1959 and prays for dismissal of the complaint.

4.     On the said pleadings the following points have arisen for consideration:

1. Whether complainant has proved that there was deficiency in service on the part of respondent ?
2. Whether complainant is entitled to the relief as claimed ?
3. To what relief the complainant is entitled ?

 

Both have admits sworn to evidence affidavit, relied on documents.  Heard. Perused the records.

Finding on points is as under.

1. Affirmatively 
2. Accordingly  
3. As per order

 

Reasons

Points 1 and 2

5.     On going through the pleadings & evidence coupled with documents of both the parties it is evident that there is no dispute with regard to the fact, that the respondent had issued receipt towards the payment of Rs.1 lakh and the complainant is entitled to claim the same as a nominee.

6.     Now the question to be determined is, whether the complainant is entitled for Rs.1 lakh under receipt, Ex.C1 also in addition entitled to receive Rs.31,149/- under SB account 12962/43 and non payment of the same amounts to a deficiency in service, if so, for what relief the complainant is entitled.

7.     With regard to the payment of the amount under receipt as detailed in Ex.C1 no disputes and the respondent admits. With regard to the claim amount under SB account the complainant not produced any documents pertaining to the amount available in the SB account 12962/43 & to prove in whose name  the said account is stood and whether the complainant is entitled to claim the same. with regard to the prayer of the complainant pertaining to the claim amount under the SB account is not acceptable for non production of documents (passbook and legal heir certificate).

8.     In view of the above discussions we have arrived and proceed to held issue.1 and 2 in affirmatively and accordingly.

9.     Point.3: In view of the finding on points 1 and 2 proceeded to pass the following 

Order

        Complaint is allowed in part. The respondent is directed to repay Rs.1,00,000/- to the complainant under receipts with interest @6% P.A from 30.10.2008 till realization along with Rs.1,000/- towards compensation for mental agony and harassment and Rs.1,000/- towards cost of the proceedings payable within 30 days from the date of receipt of copy of this order. Failing to comply the same, the said amount shall carry interest @9% P.A. from thereon till realization.

(Dictated to steno, transcribed by him and edited by us and pronounced in the open Forum on this day on 26^th day of March 2015)

 

 

 

(Shri.M.Lokesh)                   (Smt.M.Vijayalaxmi)                            (Shri.B.H.Shreeharsha)

Member                                 Member                                                 President

Dist.Consumer Forum            Dist.Consumer Forum                        Dist.Consumer Forum

MSR