Karnataka

Kolar

CC/56/2019

K.N.Ramaswamy - Complainant(s)

Versus

The Manager, SBI - Opp.Party(s)

09 Dec 2019

ORDER

Date of Filing: 16.08.2019

Date of Disposal: 09.12.2019

 

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 09^th DAY OF DECEMBER 2019

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

C.C.NO.56 OF 2019

Sri. K.N. Ramaswamy,

S/o. Late K.Narayanaswamy,

Aged About 61 years,

R/at: No.14, Ward No.14,

Kandhavara, Chikkaballapur Town.           

(Rep. by Sri. M. Lokesh Murthy, Advocate)                 ….  Complainant.

- V/s -

1) Branch Manager,

State Bank of India,

Gudibande Branch,

Gudibande, Chikkaballapur District.

(Exparte)

 

2) The Principal,

Government First Grade College,

Gudibande, Chikkaballapur District.

(Exparte)                                                                      ….. Opposite Parties.

: ORDERS :

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT,

01.   The complainant has filed this consumer complaint against OPs and prays for grant of compensation of Rs.4,00,000/-towards sufferings and mental agony undergone by the complainant with cost and such other reliefs.

 

02.   The brief facts of the complainant case is that, he is the employee of 2^nd OP college and he retired from his service with effect from 31.05.2019.  During his service, OP No.2 college has used to disburse the complainant’s salary through OP No.1 on every month.  The salary of the employee is processed through HRMS and after clearance of the salary bill from the government treasury, OP No.2 college used to send the cheque along with the list of employees indicating the net salary to be credited to their respective accounts and the employees used to draw their salary from OP No.1-Bank.  The complainant visited the OP No.1 Bank to draw the salary for the last three to four months from February-2019, but in vain.  In the month of March-2019 he has submitted representation dated: 06.03.2019 to OP No.2 college and furnished copy of the letter dated: 05.03.2019 for remittance of the salary and thereafter he has submitted another representation dated: 08.03.2019 to OP No.1-Bank as to why his salary has not been credited to his SB account.  The Bank authorities did not responded properly and he sent representation dated: 08.03.2019 through RPAD to OP No.1 and sought for clarification, but in vain.  The complainant did not get any reply from OP No.1-Bank and again he has given representation to OP No.2 requesting them to provide details of salary remittance to the Bank and in reply to that the OP No.2 has furnished letter dated: 02.05.2019 for having sent the salary to OP No.1 and he has produced the said documents.  Thereafter the complainant given representation to OP No.1 to disburse his salary from February-2019 to May-2019 which has been credited to his account and there is no response from OP No.1 Bank.  Thereafter the complainant has approached this Forum and prays to allow the complaint.

 

03.   OP Nos.1 & 2 did not appear before this forum in spite of service of notice and are placed exparte.

04.   The complainant has filed list of six documents dated: 16.08.2019:-

(i) Certified copy of the letter dated: 05.03.2019 issued by OP No.2 – Annexure-A

(ii) Copy of the representation dated: 06.03.2019 submitted to OP No.2 – Annexure-A1

(iii) Certified copy of the representation dated: 08.03.2019 to the OP No.1 through RPAD and postal receipt – Annexure-A2.

(iv) Certified copy of the letter dated: 02.05.2019 issued by OP No.2 – Annexure-B

(v) Copy of the representation dated: 03.05.2019 submitted to OP No.2 – Annexure-B1

(vi) Copy of the representation dated: 08.05.2019 sent under RPAD to OP No.1 with postal receipt. – Annexure-C

 

05.   On 19.11.2019 the complainant has filed affidavit by way of examination-in-chief.  Heard arguments of the complainant.

 

06.   Now the Points that do arise for our consideration are that:-

1. Whether the complainant has made out deficiency of service on the part of the OPs and he is entitled for the relief as prayed by him?

 

2.  What order?

 

07.   Our findings to the above points are that:-

 

POINT No.1:            Is in the Negative.

 

POINT No.2:            As per final order for the

following:-

 

 

 

 

REASONS

POINT No.1:-

08.   We have perused the complaint, affidavit evidence and so also the documents produced by the complainant.  The complainant has filed this consumer complaint against OPs for seeking compensation of Rs.4,00,000/- towards sufferings, mental agony undergone by him with cost and such other reliefs. 

 

 

09.   The case of the complainant is that, he was an employee of OP No.2-college and he was retired from his service as on 31.04.2019 and he has not received salary from February-2019 to May-2019.  During his service his salary was disbursing through HRMS and he has not received the above said salary in spite of several correspondences made with the OPs as per Annexure-A, A.1, B, B.1 & C and in spite of all the efforts made by him to get the salary are all goes in vain.

 

 

10.   The complainant has produced Annexure-A, A.1, B, B.1 & C to support his case and we have perused the said documents which are the correspondences made by the complainant with the OPs and the said documents does not disclose about the details of pay in the salary of the complainant.  But the complainant has not at all produced the pay-slip from February-2019 to May-2019 to know the details of his net salary, home take salary and deductions if any to know about the any arrears of loan, etc., and so also not stated when he has received the said salary as the complainant has not sought for refund of pay from February-2019 to May-2019.  The said important material facts are not at all stated by the complainant neither in his complaint nor in the affidavit evidence.  The complainant has suppressed the above said material facts and he has not come to the Forum with clean hands.  Hence under these circumstances as discussed above, the complainant has failed to make out the case of deficiency of service against OPs and he is not entitled for any relief as prayed by him.

 

11.   Hence as discussed above the complainant has failed to make out deficiency of service against OPs and the complainant is not entitle for any relief as prayed by him and accordingly we answer Point No.1 is in the negative.

 

POINT No.2:-

12.   In view of our finding on Point No.1 and the discussion made thereon, we proceed to pass the following:-

 

ORDER

01.   The complaint filed by the complainant is dismissed. 

02.   Send a copy of this order to both parties free of cost.

 

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 09^TH DAY OF DECEMBER 2019)

 

 

   LADY MEMBER                         PRESIDENT