BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, VELLORE DISTRICT AT VELLORE. PRESENT: THIRU. A. SAMPATH, B.A., B.L., PRESIDENT TMT. G. MALARVIZHI, B.E. MEMBER – I THIRU. K. DHAYALAMURTHI,B.SC. MEMBER – II CC.69 / 2000 WEDNESDAY THE 7th DAY OF JULY 2010. Raman, S/o. Murugan (Late), Serkadu Village, Katpadi Taluk. … Complainant. - Vs – 1. The Manager, Indian Overseas Bank, Bangalore Road, Vellore. 2. The General Manager, Indian Overseas Bank, Central office, Post Box No.3765, Central Office, Post Box No.3765, 762 Anna Salai. Chennai – 600 002. 3. The Special Officer, Vellore Sugar Mills, Ammundi Village, Katpadi Taluk, Vellore District. … Opposite parties. . . . . This petition coming on for final hearing before us on 22.6.2010, in the presence of Thiru. T.M. Sivakumar, Advocate for the complainant and Thiru. M.V. Viswanathan, Advocate for the opposite party- 2 & opposite party-3 already set exparte and having stood over for consideration till this day, the Forum made the following: O R D E R Pronounced by Thiru. A. Sampath, President of the District Consumer Disputes Redressal Forum, Vellore District. 1. The brief facts of the case of the complainant is as follows: The complainant is having a S.B. account No.90635 in the IOB Bangalore Road, Vellore, the complainant is an Agriculturist and he used to supply Sugarcane to Vellore Sugar Mills, who in turn issue cheque to IOB, Bangalore Road, Vellore for payment to the complainant on the production of the bill issued by Vellore Sugar Mills. He produced the bill dt. 22.2.2000 for Rs.19,982/- along with the bill and the pass book for payment on 18.3.2000. The 1st opposite party made entries of credit and debit for Rs.19,982/- on 18.3.2000 and then without furnishing any reason cancelled the entries. No payment was made to the complainant on 18.3.2000. He presented the bill dated 16.3.2000 for Rs.3669.53 issued by Vellore Sugar Mill to the 1st opposite party along with the bill and the pass book on 28.3.2000. The entry of credit of Rs.3670/- and debit of Rs.3900/- was made by making payment on the same day. The complainant produced the bill dated 6.3.200 along with the Pass book for payment of Rs.5675/- after coming to know that the Vellore Sugar Mills issued the Cheque No.219527, dt 11.3.2000 for Rs.1,67,416/- to the 1st opposite party for making payment, with a list of names to whom payment should be made by the 1st opposite party. In fact the name of the complainant stands first in the list of names sent by the Vellore Sugar Mills for payment of Rs.5675/- with member No.6717. In spite of receipt of the said amount by way of cheque, the 1st opposite party has not paid the said amount till this date in spite of several demands made by the complainant and his relationship by name Mr.Ranganathan. Complainant had to visit the 1st opposite party and the Vellore Sugar Mills on several occasions for payment of the bill dt. 22.2.2000 for Rs.19,982/-. The 1st opposite party deliberately withheld payment of the said amount and later on paid only Rs.19802/- on 11.4.2000 deducting the sum of Rs.180/-. There is absolutely no basis for retaining the amount of Rs.19,982/- till 11.4.2000 or for deduction of Rs.180/-. Because of the deliberate delay in making the payment of the bill dated: 22.2.2000 he was put to mental tension and anxiety, which resulted in his heart attack and had to admitted in the CMC Hospital, Vellore for treatment. He had to spend more than Rs.20,000/- for his medical treatment of his heart disease and he was advised to undergo “ANGIO’ test. The Special officer, Vellore Sugar Mills, is also added as a party for complete and find decision. There is deliberate negligence and deficiency of service on the part of the 1st opposite party. Complainant caused a lawyer’s notice at 7.5.2000 to the 1st opposite party. Hence, the opposite parties are to be directed to pay the sum of Rs.5675/- with interest at 12% p.a. from 6.3.2000 till date of making payment, as per the bill dated 6.3.2000 issued by Vellore Sugar Mills, and also to pay Rs.2,00,000/- as compensation for the negligence and deficiency of service on the part of the opposite parties, which resulted in mental agony and anxiety to the complainant and also to pay Rs.1000/- as cost of this Proceedings. 2. The averments in the counter filed by the 1st opposite party and adopted by the 2nopposite party are as follows: This complaint is not at all sustainable either in law or on facts. As soon as the cheue for Rs.19,992/- issued by the Vellore Co-operative Sugar Mill drawn on Vellore Central Co-operative Bank, limited Thiruvalam Branch, was presented to the bank by the complainant, the cheque was sent for clearing on 18.3.2000. But the Vellore Co-operative Bank, Tiruvalam Branch did not participate in the clearing session. Therefore, the bank could not realize the amount on the same day. The cheque was returned. Therefore the entry made on 18.3.2000 was reversed and the cheque was sent to Vellore Co-operative Central Bank Thiruvalam Branch for collection by post as per Bank’s procedure. The Vellore Co-operative Central Bank Branch (Thiruvalam) deducted a sum of Rs.70/- towards the commission charges and proceeds the cheque by way of demand draft for Rs.19,912/- was sent to I.O.B. Vellore Main Branch. The opposite partly bank as per rules of the bank deducted a sum of Rs.110/- towards commission and credited a sum of Rs.19,802/- in the complainant’s S.B.account No.90635 on 31.3.2000. There is no delay or no deficiency of service committed by opposite party bank. The bill dated 16.3.2000 for Rs.3669.53 was issued by 3rd opposite party. The said cheque was also sent for collection as mentioned supra and the amount was credited in the complainants account as soon as it was received from the V.C.C.Bank, Tiruvalam Branch. There is no deficiency of service or any irregularity in respect of the transaction also by 1st opposite party herein. The entire operations of the bank were computerized in January 2000 and all the customers are aware of the change of the bank account number due to computerization. The complainant was also informed about the change of his SB.Account number when he came to the bank. In the pass book the new S.B. Account number is entered. The new number of the complainant is 90635. He came to the branch on 11.4.2000 signed the withdrawal slip and also drawn amount from the bank. The complainant had noted the correct S.B. account number and withdraw a sum of Rs.19,800/- on 11.4.2000. the bill dated 6.3.2000 for the payment of Rs.5675/- was presented by the Vellore Co-operative Sugar Mill for making payment. The total amount of the bill so far as Vellore IOB branch is concerned is Rs.15,334/-. The S.B. account number given in the bill did not totally with the complainant’s account number and the other members name. Therefore a letter was sent to the vellore Co-operative Sugar Mill requesting him to furnish the correct S.B. Account numbers of the parties. The Vellore Co-operative Sugar Mill furnished the correct number vide letter dated. 10.5.2000 and soon after the receipt on 17.5.2000 the sum of Rs.5675/- was credited in the account of the complainant. The complainant ought to have furnished his new S.B. Account to the Vellore Co-operative Sugar Mills in order to avoid delay in payment. The delay in crediting the amount of Rs.5675/- was only due to the mistake committed by the complainant. There was not delay or deficiency of service on the part of the IOB Vellore Main branch is crediting the amount. It is not correct to say that the 1st opposite party deliberately withheld the payment of Rs.110/- towards the bank commission charges and similarly the VCC bank Tiruvalam branch deducted Rs.70/- towards commission charges. The amount of Rs.19,802/- was credited in the complainant’s account on 31.3.2000 itself. The complainant came to the bank only on 11.4.2000 and withdraws the sum. It is not correct to state that the complainant had to be admitted in the CMC Hospital for treatment because of the delay in the payment of the amount to the complainant by the opposite party bank. The complainant alone is put to strict proof of the allegations that the complainant had to suffer heart attack and take treatment for the non payment of Rs.19982/- and that the complainant had spent Rs.20,000/- towards the medical expenses. The General Manger IOB is unnecessarily added as opposite party in the proceedings. The opposite parties are not liable to pay Rs.5675/- and interest from 6.3.2000 as demanded in the complaint. The opposite parties 1 & 2 are not liable to pay any cost to the complainant. The complainant alone amounts to pay a sum of Rs.1,00,000/- as cost and damages to the opposite parties 1 & 2 herein for having filed a frivolous and vexatious complaint. 3. Now the points for consideration are: a) Whether there is any deficiency in service, on the part of the opposite parties? b) Whether the complainant is entitled to the reliefs asked for?. 4. Ex.A1 to ExA6 were marked on the side of the complainant and no documents marked on the side of the opposite parties. Proof affidavit of the complainant and Proof affidavit of the opposite parties have been filed. No oral evidence let in by either side. 5. POINT NO. (a):- The complainant contended that the complainant produced the bill dt. 22.2.2000 for Rs.19,982/- along with the bill and the Pass book for payment on 18.3.2000. But the 1st opposite party deliberately withheld payment of the said amount and later on paid only Rs.19802 on 11.4.2000 deducting the sum of Rs.180/-. Because of the deliberate delay in making the payment of the bill dt. 22.2.2000 he was put to mental tension and anxiety, which resulted in his heart attack and he had to spend more than Rs.20,000/- for his medical treatment. 6. The opposite parties contended that as soon as the cheque for Rs.19,982/- issued by the Vellore Co-operative Sugar Mill drawn on Vellore Central Co-operative Bank, Limited Thiruvalam Branch, was presented to the bank by the complainant, the cheque was sent for clearing on 18.3.2000. But the Vellore Co-operative Bank, Thiruvalam Branch did not participate in the clearing session. Therefore, the bank could not realize the amount on the same day. The cheque was returned. Therefore the entry made on 18.3.2000 was reversed. Again cheque was sent to Vellore Co-operative Central Bank Tiruvalam Branch for collection by post the above said bank deducted a sum of Rs.70/- towards the commission charges and proceeds the cheque by way of demand draft for Rs.19,912/- was sent to IOB, Vellore Main Branch. As per the rules of the bank deducted a sum of Rs.110./- towards commission and credited a sum of Rs.19,802/- in the complainant’s S.B. account No. 90635 on 31.3.2000. Therefore there is no delay or deficiency of service committed by the opposite party. 7. From the perusal of Ex.A1 pass book of complainant’s S.B. account and Ex.A2 dt. 22.2.2000 bill issued by the Vellore Co-operative Sugar Mill Limited it is seen that the bill dt.22.2.2000 for Rs.19982/- produced before the 1st opposite party bank for collection on 18.3.2000. The said amount was closed in the pass book on the same day. Subsequently on 31.3.2000 after deducting the alleged commission account a sum of Rs.19802/- credited in the complainant ‘s saving bank account. But the complainant withdrawn the said amount only on 11.4.2000. According to the opposite parties that the cheque was sent for clearing on 18.3.2000 to the Vellore Co-operative bank limited, Thiruvalam Branch but the opposite party bank could not realize the amount on the same day. The cheque was returned. Therefore the entry made on 18.3.2000 in Ex.A1 pass book of the complainant was reversed. Again the cheque was sent to Vellore Co-operative Central Bank, Thiruvalam branch for collocation by post as per bank’s procedure. The said bank after deducting the commission of Rs.s.70/- and proceeds the cheque by way of demand draft for Rs.19912/- was sent to 1st opposite party bank. As per the rules of the bank the 1st opposite party’s bank deducted a sum of Rs.110/- towards commission and credited a sum of Rs.19,802/- in Ex.A1 complainant’s S.B. pass book account No.90635 in pass book on 31.3.2000. Therefore it is clear that due to postal transaction the said amount was credited in the complainant’s saving bank account on 31.3.2000 and the entries also made in Ex.A1 pass book of the complainant. Therefore the contention of the complainant that there is a delay and deficiency of service committed by the opposite party bank regarding the disbursed the said about is not acceptable. 8. Further, the complainant contended that the complainant produced the bill dt. 6.3.2000 along with the pass book for payment of Rs.5675/- after coming to know that the vellore Sugar Mills issued the cheque No.219527 dt. 11.3.200 for Rs.1,67,416/- to the 1st opposite party for making payment, with a list of names to whom payment should be made by the 1st opposite party. Inspite of receipt of the said amount by way of cheque, the 1st opposite partly has not paid the said amount till this date in spite of several demands made by the complainant. 9. The opposite parties contented that the bill dt. 6.3.2000 for the payment of Rs.5675/- was presented by the Vellore Co-operative Sugar Mill for making payment. The total amount of the bill so far as Vellore IOB branch in concerned is Rs.15,334/-. The S.B. Account number given in the bill did not tally with the complainant’s account number and the other members name. Therefore a letter was sent to the Vellore Co-operative Sugar Mill requesting him to furnish the correct S.B. account numbers of the parties. The Vellore Co-operative Sugar Mill furnished the correct number vide letter dt. 10.5.2000 and soon after the receipt on 17.5.2000 the sum of Rs.5675/- was credited in the account of the complainant. 10. From the perusal of Ex.A4, bill issued by Vellore Co-operative Sugar Mill Limited, it is mentioned that the bill amount is Rs.5675/-. According to the complainant, he produced the said bill along with the pass book for amount of Rs.5675/- after coming to know that the Vellore Sugar Mills issued by the cheque No.219527 dt. 11.3.2000 for Rs.1,67,416/- to the 1st opposite party for making payment with a list of names to whom payment should be made by 1st opposite party. The contention of the opposite party that the total amount of the bill so far as 1st opposite party’s bank is concerned is Rs.15,334/-. The complainant has not filed to prove the cheque No.219527, dt. 11.3.2000 for Rs.1,67,416/- issued by the Vellore Sugar Mill Limited to the opposite party ,to whom payment should be made by the opposite party. According to the opposite party the saving account number given in the bill did not tally with the complainant’s account number and the other member’s name. Therefore a letter was sent to the Vellore Co-operative Sugar Mill, requesting him to furnish the correct S.B. account numbers of the parties. The said Sugar mill furnished the correct number vide letter dt. 10.5.2000. and soon after the receipt on 17.5.200 the said amount was credited in the account of the complainant. But the complainant has not produced his pass book regarding the said amount credited on 17.5.2000. Therefore the contention of the complainant that inspite of receipt of the said amount by way of cheque the 1st opposite party has not paid the said amount till this date is not acceptable. 11. Hence, taking all the above facts into consideration from the contention in the complaint and the counter, as well as proof affidavit of the both the parties, and from the documents Ex.A1 to A6 and we have come to the conclusion that the complainant herein has not clearly proved the deficiency in service on the part of the opposite parties herein. Hence we answer this point (a) as against the complainant herein. 12. POINT NO : (b) In view of our findings on point (a), since, we have come to the conclusion that the complainant herein has not clearly proved the deficiency in service on the part of the opposite parties herein. We have also come to the conclusion that the complainant is not at all entitled to any relief asked for by him, in this complaint. Hence we answer this point (b) also as against the complainant herein. 13. In the result this complaint is dismissed. No costs. Dictated to the Steno-typist and transcribed by her, corrected and pronounced by the President, in Open Forum, this the 7th day of July 2010. MEMBER-I MEMBER-II PRESIDENT. List of Documents: Complainant’s Exhibits: Ex.A1- -- - X-copy of S.B. Account No.90635 of IOB, Vellore. Ex.A2- 22.2.2000 - X-copy of the bill for Rs.19,982 issued by the Vellore Sugar Mills. Ex.A3- 16.3.2000 - X-copy of the bill for Rs.3669/- issued by the Vellore Sugar Mills. Ex.A4- 6.3.2000 - X-copy of the bill for Rs.5675/- issued by the Vellore Sugar Mills. Ex.A5- 7.5.2000 - X-copy of the notice issued by the 1st opp party. Ex.A6- 20.5.2000 - X-copy of reply notice by the 1st opp party. Opposite parties’ Exhibits: .. NIL... MEMBER-I MEMBER-II PRESIDENT. |
