Date of Filing : 21.05.2012

  Date of Order : 07.07.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

Dated 7^th JULY 2012

PRESENT

Sri. H.V. RAMACHANDRA RAO, B.Sc., BL,   …….                PRESIDENT

Sri. T.NAGARAJA, B.Sc., LLB.                        ……..     MEMBER

Smt. K.G.SHANTALA                                         ……..     MEMBER

CC No. 61 / 2012

Smt. Vijayalakshmi,

W/o. P.L. Srinivasaiah Shetty,

Aged about 50 years,

Housemaid & Petty Business,

Gudipalli Village & Post,

Mulabagal Taluk,

Kolar District.

(By Sri. P.M. Sadashiva, Adv.)                               ……. Complainant

V/s.

The Manager (Secretary),

Service Co-op. Bank  Ltd.,

Gudipalli, Mulabagal Taluk,

Kolar District.                                                         …… Opposite Party

ORDER

By Smt. K.G. SHANTALA, MEMBER

The brief antecedents that led to the filing of the complaint u/s. 12 of the Consumer Protection Act, seeking direction to OP to pay the amount in his savings account with interest @ 25% P.A. are necessary:-

The Complainant is having S.B. Account No. 4/103 with the OP and had deposited Rs.12,000/- up to 2006.  Complainant went to OP to take back her amount.  But, the OP was postponing on one pretext or the other.  When requested, on 16.09.2007, OP returned only Rs.1,000/- and rest of the amount is not paid.  Hence the Complaint.

2.       In brief the version of OP are:-

OP came to know about the S.B. Account of the Complainant only when the Complainant sought return of money and when produced the copy of the Pass Book.  There is no record in the OP Bank with respect to the Complainant’s account. Earlier one Sri. P.R. Lakshminarayashetty, was working as a Manager and during that period passbook has been given to the Complainant by the said P.R. Lakshminarayanashetty and he is responsible for the same and OP is not responsible for this amount.  The name of the Complainant is not mentioned in the OP Bank.

3.       Arguments were heard.

4.       Points that arise for our consideration are:

(A)     Whether there is deficiency in service?

(B)     What order ?

5.       Our answers for the above points are as under:

(A)     Positive

(B)     As per detailed order for the following reasons

REASONS

6.       Reading the pleadings in conjunction with the documents on record, it is an admitted fact that the Complainant had S.B. Account bearing No. 4/103 with the OP and as on 25.07.2006 to her credit there was Rs.12,000/- and on 16.09.2007 she has withdrawn Rs.1,000/-. That means, as on 11.09.2007, Rs.11,000/- was there in her credit and that has not been paid to the Complainant till date.

7.       The contention of the OP is that this account is not reflected in their books of accounts and earlier Manager Lakshminarayanashetty is responsible for it who issued the Passbook to the Complainant.  Hence, if any fraud or cheat or misappropriation is committed by Lakshminarayanashetty, OP is entitled to take action against him and Complainant is not liable to answer for that.  It is the OP who had to pay the amount of the Complainant due as per passbook and recover the same from Lakshminarayanashetty.  Further, the case of the Complainant is that she had withdrawn only Rs.1,000/- on 16.09.2007 and the balance was Rs.11,000/-.  This amount OP is bound to pay to the Complainant along with interest and recover the same from Lakshminarayanashetty if need be if he has committed fraud or cheating.  OP has not taken any action against Lakshminarayanashetty till date though the Complainant has issued notice on 22.08.2011 and also written to OP on 12.01.2012.  This is nothing but deficiency in service.  Pass Book is of OP only.

8.       Hence, under these circumstances, we hold the above points accordingly and we pass the following order:

ORDER

1.       Complaint is allowed in part.

2.       OP is directed to pay Rs.11,000/- together with interest thereon @ 12% P.A. from 01.09.2007 until payment within 30 days from the date of this order.

3.       OP is also directed to pay Rs.2,000/- as costs of this litigation to the Complainant.

4.       OP is directed to send the amount as ordered at (2) & (3) above to the Complainant by Demand Draft through RPAD and submit this Forum the compliance report with necessary documents within 45 days.

5.       Send copy of this Order to the parties free of costs.

6.       Return extra sets to the parties concerned under the Regulation 20(3) of the Consumer Protection Regulations 2005.

(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 7^th of July 2012)

T. NAGARAJA          K.G.SHANTALA           H.V.RAMACHANDRA RAO

    Member                         Member                                       President

SSS