Karnataka

Chitradurga

CC/96/2015

J.L.Yogesh S/o. J.S.Lekadappa - Complainant(s)

Versus

The Manager, Vijaya Bank, - Opp.Party(s)

K.S.Vijaya

19 Sep 2016

ORDER

COMPLAINT FILED ON : 26/11/2015

     DISPOSED ON: 19/09/2016

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 96/2015 DATED:  19th SEPTEMBER 2016

 

PRESENT :-     SRI. T.N. SREENIVASAIAH      PRESIDENT                                      B.A., LL.B.,

                        SRI.N. THIPPESWAMY             MEMBER

                                         B.A., LL.B.,                   MEMBER

COMPLAINANT	J.L. Yogesh, S/o J.S. Lekkadappa, Age 45 Years, Occ: Tailor, C.B. Road, Holalkere, Chitradurga.   (Rep by Sri. K.S. Vijaya, Advocate)
OPPOSITE PARTY	The Manager, Vijaya Bank, Holalkere Branch, Holalkere.   (Rep by Sri. M.G. Raghavendra, Advocate)

SRI. T.N. SREENIVASAIAH. PRESIDENT.

ORDER

The complainant has filed a complaint U/s 12 of C.P. Act 1986 against the OP for a direction to the OP to operate his account, to credit the amount which was debited towards interest from his account, Rs.1,00,000/- towards mental agony, Rs.5,000/- towards costs and such other relief.

2.     The brief facts of the case of the complainant are that, he is having an S.B A/c bearing No.10736 with the OP Bank and is operating the same honestly and properly from the date of its open.  It is further submitted that, he presented one cheque bearing No.3735 for Rs.2,00,000/- issued by one Sri. Tejaswi B.M.R, belongs to the SBM Branch for encashment and the same was honoured and credited the same to his account on 20.05.2014 and the same has been withdrawn by the complainant as per his requirements often and often.  Thereafter, the complainant went to withdraw the amount from his account on 29.04.2015, the OP told that the account has been locked, the same is against to the law.  Therefore, the complainant got issued a legal notice to the OP on 01.06.2015 asking to operate his account and to give reply as to why his account has been locked.  The same has been served on OP on the same day.  The OP gave an untenable reply.  Again, the complainant gave a legal notice through Advocate asking to operate his account but, the OP failed to reply the same nor permitted him to operate his account.  The OP told the complainant that, he has to pay Rs.2,00,000/- and they will deduct the simple interest on the same till payment, which is a deficiency of service.  The complainant deposited the amount in his account which was earned from the tailoring work for his livelihood.  The OP has locked his account suddenly without giving any notice, which is deficiency of service on the part of OP so, he sustained financial loss and mental agony and etc., and prayed for allow the complaint.

 

3. On service of notice OP appeared before this Forum through its Advocate Sri. M.G. Raghavendra and filed version admitting about holding of the account by the complainant and also presence of cheque for Rs.2,00,000/- and withdraw the same given by Revenue Secretary by name Tejaswi but, denied the allegation made with regard to the freezing of the account of the complainant without information and the Bank has discretionary power to freeze the account and denied all the allegations made in the complaint. 

It is further admitted that, the complainant has opened an S.B A/c bearing No.108601010010736 agreeing the terms and conditions of the Bank.  OP has a power to withdraw the amount and claims the charges and freeze the account as per the discretionary power of the Bank.  Complainant has cheated the Bank and it is a public money and no one can mis-utilise the fund.  It is further submitted that, on 19.05.2014 complainant presented a cheque bearing No.426822 drawn on State Bank of Mysore, Holalkere Branch for collection issued by one Mr. Tejaswi B.M.R for a sum of Rs.2,00,000/-.  On the instruction by the State Bank of Mysore, they were releasing the same on 20.05.2014 and the same has been withdrwn by the complainant on 10.06.2014 through cheque bearing No.17989767 for Rs.1,00,000/-, Rs.5,000/- through cheque bearing No.17989118 dated 20.06.2014, Rs.50,000/- through cheque bearing No.17988899 dated 28.06.2014 and Rs.1,00,000/- through bearing No.17988945 dated 30.06.2014.  It is further submitted that, the State Bank of Mysore, Holalkere returned and dishonoured the above said cheque with an endorsement funds insufficient and the same has been known to the OP.  Immediately, they have informed the complainant over phone  but, the complainant has not made any efforts to repay the same.  Therefore, OP has freezed the account of the complainant as per law.  It is further submitted that, the complainant has illegally utilized the said sum of Rs.2,00,000/- and the complainant knew that, the said cheque returned with insufficient funds and the same has not been informed to the OP Bank and cheated the Bank.  OP Bank informed the same to the complainant and demanded to pay the balance amount but, the complainant did not hear the words of OP.  The complainant has not come with clean hands and he is held responsible for the mistake committed by him and he has not suffered any loss, mental agony and he has caused inconvenience to the OP.  There is no evidence as regards and in this Forum no enquiry is possible which requires a detailed enquiry on point of facts as alleged as this Forum is only supposed to deal with cases that are summary in nature.  There is no deficiency of service by the OP as applicable and stipulated in Section 2(g) of the Act and as such the complaint is not maintainable and prays for dismissal of the complaint directing the complainant to pay balance amount of Rs.1,53,073/- with interest and compensatory cost. 

4. Complainant himself examined as PW-1 by filing affidavit evidence and documents are marked at Ex.A-1 to Ex.A-5. 

5.     On behalf of OP one Sri. Pradeep Shetty, the Branch Manager examined as DW-1 by filing affidavit evidence documents are marked at Ex.B-1 to Ex.A-14. 

        6. Written arguments of complainant filed and oral arguments of both sides heard.

 

7. Now the Points that arise for our consideration for the decision of the complaint are that:

 

Point No.1:- Whether the complaint proves that, the OP has committed deficiency of service and he is entitled for compensation as stated in his complaint?

 

Point No.2:- What order?

 

        8. Our findings on the above points are as follows:

 

        Point No.1:- Partly Affirmative.

        Point No.2:- As per the final order.

 

                                        ::REASONS::

 

9. Point No. 1:- It is not in dispute that, complainant is an account holder bearing S.B A/c No.10736 with the OP Bank.  He presented one cheque bearing No.3735 for Rs.2,00,000/- belongs to the SBM Branch for encashment and the same was honoured and credited the same to his account on 20.05.2014 and the same has been withdrawn and utilized as per his requirements.  On 29.04.2015, complainant went to withdraw the amount from his account, he came to know that, the account has been locked. Therefore, the complainant got issued a legal notice to the OP on 01.06.2015 asking to operate his account and to give reply as to why his account has been locked.  The OP gave an untenable reply.  Again, the complainant gave a legal notice through Advocate asking to operate his account but, the OP failed to reply the same nor permitted him to operate his account.  The OP told the complainant that, he has to pay Rs.2,00,000/- and they will deduct the simple interest on the same till payment. The OP has locked his account suddenly without giving any notice, which is deficiency of service on the part of OP therefore, filed a complaint.

  

10.  In support of his contentions,  complainant has relied on his affidavit evidence in which he has reiterated the contents of complaint.  Complainant has also relied on documents like Pass Book marked as Ex.A-1, legal notice dated 01.06.2015 marked as Ex.A-2, Reply to the notice dated 06.06.2015 marked as Ex.A-3, Legal notice dated 18.03.2015 marked as Ex.A-4, 2 Postal receipts and 2 postal acknowledgements marked as Ex.A-5 and they are not in dispute. 

 

11.   On the other hand OP filed version admitted about the complainant holding an S.B A/c bearing No.108601010010736. Complainant has cheated the Bank mis-utilise the fund.  On 19.05.2014 complainant presented a cheque bearing No.426822 drawn on State Bank of Mysore, Holalkere Branch for collection issued by one Mr. Tejaswi B.M.R for a sum of Rs.2,00,000/-.  On the instruction given by the State Bank of Mysore, they were releasing the same on 20.05.2014 and the same has been withdrawn by the complainant on 10.06.2014 through cheque on different dates.  The State Bank of Mysore, Holalkere returned and dishonoured the above said cheque with an endorsement funds insufficient. Immediately, they have informed the complainant over phone  but, the complainant has not made any efforts to repay the same.  Therefore, OP has freezed the account of the complainant as per law.  OP Bank informed the same to the complainant and demanded to pay the balance amount but, the complainant did not hear the words of OP and he is held responsible for the mistake committed by him and he has not suffered any loss.

 12.  In support of its contentions,  OP has relied on his affidavit evidence of its Branch Manager in which he has reiterated the contents of complaint.  OP has also relied on documents like certified copy of cheque bearing No.426822 marked as Ex.B-1, Certified copies of pass book and the transaction details marked as Ex.B-2 and Ex.B-3, Certified copy of legal notice dated 01.06.2015 marked as Ex.B-4, Certified copy of reply to the legal notice dated 06.06.2015 marked as Ex.B-5, Certified copy of legal notice dated 18.06.2015 marked as Ex.B-6, Certified copy of postal acknowledgement marked as Ex.B-7, Certified copy of postal receipts marked as Ex.B-8, Certified copy of the endorsement by the SBM, Holalkere marked as Ex.B-9, Certified copy of the account opening form marked as Ex.B-10, Certified copy of Form No.61 marked as Ex.B-11, Certified copy of Election I.D Card marked as Ex.B-12, Certified copy of statement of account of the complainant marked as Ex.B-13, Certified copy of the paying-in-slip for deposit accounts marked as Ex.B-14.

   

13.   We have carefully gone through the complaint, version and affidavits and the records submitted by both the parties.  It is seen that, the complainant is the S.B A/c holder with the OP Bank bearing No.10736.  Complainant presented the cheque bearing No.426822 for Rs.2,00,000/- given by one Tejaswi, the Revenue Secretary and the same has been honoured, withdrawn and utilized the same as and when he required.  Thereafter, on 29.04.2015 complainant went to withdraw the amount from his account, he knows that, his account has been freezed.  OP argued that, the cheque given by one Tejaswi for Rs.2,00,000/- has been dishonoured as per the endorsement given by SBM, Holalkere Branch as per Ex.B-9.  Normally, the  Banks after receiving the cheques from the customers for encashment, it would  confirm about availability of the amount from the concerned account and honour the cheques .  Here in this case, OP Bank honoured the cheque deposited for encashment by the complainant and disbursed the amount to the complainant.  After disbursement, it has taken a contention that, the cheque presented by the complainant for encashment was dishonoured, therefore, it has freezed the account belongs to the complainant and demanded for repayment of the amount from the complainant, which cannot be believed.  The preliminary duty of the OP is to confirm about availability of the amount in the concerned account and then honour the cheque presented for encashment.  Here the OP has taken a contention that, as per the instruction of SBM, Holalkere, it has honoured the cheque and disbursed the amount to the complainant, therefore, it is the mistake committed by the OP only, for which the complainant should not be suffered.  Therefore, we come to the conclusion that, OP has played an unfair trade practice by freezing the account of the complainant and debiting the amount towards interest and committed deficiency of service towards the complainant.  Hence, the complainant is entitled for compensation as claimed.  Accordingly, this Point No.1 is held as partly Affirmative to the complainant.

 

14.   Point No.2:- For the foregoing reasons, we pass the following.

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OP is hereby directed to permit the complainant to operate and to draw the amount from his account.

It is further ordered that, the OP is hereby directed to deposit the amount which was debited towards interest from the complainant's account. 

It is further ordered that, the OP is hereby directed to pay compensation of Rs.50,000/- to the complainant along with interest at 6% p.a from the date of complaint till realization.

It is further ordered that, the OP is hereby directed to pay Rs.5,000/- towards the costs of this proceeding to the complainant.

It is further ordered that, the OP is hereby  directed to comply the above said order within two months. 

 

        (This order is made with the consent of Member after the correction of the draft on 19/09/2016 and it is pronounced in the open Court after our signatures)

 

 

 

MEMBER                                                 PRESIDENT

 

-:ANNEXURES:-

Complainant by filing affidavit evidence taken as PW-1

Witness examined on behalf of Complainant:

                                                -Nil-

On behalf of OP one Sri. Pradeep Shetty, Branch Manager by filing affidavit evidence taken as DW-1.

 

Witnesses examined on behalf of OP:

 -Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Original Pass Book
02	Ex-A-2:-	Office copy of Legal notice dated 01.06.2015
03	Ex-A-3:-	Reply to the notice dated 06.06.2015
04	Ex-A-4:-	Legal notice dated 18.03.2015
05	Ex-A-5:-	2 Postal receipts and 2 postal acknowledgements

Documents marked on behalf of Opponent:

01	Ex-B-1:-	Certified copy of cheque bearing No.426822
02	Ex-B-2 & 3:-	Certified copies of pass book and the transaction details
03	Ex-B-4:-	Certified copy of legal notice dated 01.06.2015
04	Ex-B-5:-	Certified copy of reply to the legal notice dated 06.06.2015
05	Ex-B-6:-	Certified copy of legal notice dated 18.06.2015
06	Ex-B-7:-	Certified copy of postal acknowledgement
07	Ex.B-8:-	Certified copy of postal receipts
08	Ex.B-9:-	Certified copy of the endorsement by the SBM, Holalkere
09	Ex.B-10:-	Certified copy of the account opening form
10	Ex.B-11:-	Certified copy of Form No.61
11	Ex.B-12:-	Certified copy of Election I.D Card
12	Ex.B-13:-	Certified copy of statement of account of the complainant
13	Ex.B-14:-	Certified copy of the paying-in-slip for deposit accounts

 

 

MEMBER                                                 PRESIDENT

Rhr.