Karnataka

Chitradurga

CC/135/2018

P.B.Basavaraju S/o Obanayak - Complainant(s)

Versus

The Manager,Pragathi Krishna Grameena Bank - Opp.Party(s)

Sri.G.Sharanappaya

17 Jan 2019

ORDER

COMPLAINT FILED ON:17.07.2018

DISPOSED  ON:17.01.2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:135/2018

 

DATED:  17^th JANUARY 2019

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

                        SMT. JYOTHI RADHESH JEMBAGI:

BSc.,MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT	1. P .B. Basavaraju S/o Obanaikh Aged about 65 years, President Town loading and unloading Hamalara Association.   2. O.Channiah S/o Obayya, Aged about 47 years, Town loading and unloading Hamalara Association.   3. Nasuruddin s/o Imamsab aged about 62 years, Town loading and unloading Hamalara Association.   (Rep by Sri.G. Sharanappaiah, Advocate)
V/S
…..OPPOSITE PARTY	1. The Manager, Pragathi Krishna Grameena Bank, Bellary Road, Challkere, Chitradurga.     2. C. Manjunatha, S/o Chandrappa, Age: 30 Years, President, Town Loading and Unloading Hamalara Sangha, Challakere.     3.Thippeswamy, S/o Late Thippeswamy, Age: 43 Years, Secretary, Town Loading and Unloading Hamalara Sangha, Challakere.     4.B. Obaiah, S/o Boraiah, S/o Late Thippeswamy, Age: 30 Years, Treasurer, Town Loading and Unloading Hamalara Sangha, Challakere.   (Rep by Sri.C.J. Lakshminarasimha, Advocate and Sri. P.S. Sathyanarayana Rao, Advocate for OP 2 to 4)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OP to pay Rs.1,00,000/- towards compensation, permit to transact the complainant in the Bank and to grant such other reliefs.

2.     The brief facts of the case of the above complainants is that, they are doing Hamali work in Challakere Town.  It is further submitted that, they have formed the Hamalara Sangha, but not registered the same.  One Sri S. Rajanna was the President, Sri Channaiah was the Secretary and Sri. Manjunath was the Treasurer on temporary basis respectively and opened the SB A/c No.10568100010347 with the OP Bank.  The above persons have transacted with Bank on behalf of Sangha.  On 23.11.2016 the complainants along with other Hamalas have registered the Sangha under the name and style as “Town Loading and Un-loading Hamalara Sangha (R), Nehru Circle, Challakere, Chitradurga before the Assistant Labour Commissioner, Davanagere, Bellary Division as per law and obtained the Certificate.  After registration of the Sangha, one Sri. P.B. Basavaraj was elected as the President, Sri.O Channaiah as the Secretary and Sri. Nasruddin as the Treasurer as per law.  The SB A/c opened previously with the OP Bank has been transferred with the consent of Rajanna, Channaiah and Manjunath and continued the above said A/c number and the Bank has permitted to deposit the amount with the above said SB A/c.  But recently, the OP Bank has not permitted to deposit or to debit the amount, the same is bad under law, which is a deficiency of service and caused much loss and pain to the complainants.  Thereafter, the complainants got issued legal notice to the OP on 14.05.2018, but the Bank has given evasive answers which is within the jurisdiction of this Forum and hence, prayed for allow the complaint.      

3.     On service of notice to the OPs, Sri. C.J. Lakshminarasimha, Advocate appeared on behalf of OP No1 and filed version denying the allegations made in the complaint.   On behalf of OP No.2 to 4, Sri. P.S. Sathyanarayana Rao, Advocate appeared and filed version.

 According to the version filed by the OP No.1, it is submitted that, Sri. Rajanna, Sri. Channaiah and H. Manjunatha have opened SB A/c in the name of Town Loading and unloading Hamalara Sangha, Challakere.  It is further submitted that, the OP never control any person to deposit the amount to the SB A/c, but this OP has imposed restrictions to withdraw the amount from the above S.B A/c.  Because the other members of the Sangha have submitted the resolutions and other necessary copies on 12.01.2017 stating that they have dismissed the complainants from the Sangha since they have misappropriated the funds of the Sangha.  Further it is submitted that, they have taken the said decision in the General Body Meeting and as per their documents, they have selected Sri. C. Manjuantha, Sri Obaiah and Sri. T. Thippeswamy as the office bearers and the authorized persons to operate the S.B A/c.  Therefore, the OP has restricted to withdraw the amount from the S.B A/c of the Sangha.  Moreover, there is a serious dispute between the old office bearers and the present office bearers of the said Sangha.  In view of the same, the OP has prevented the complainants to operate the said S.B A/c, the same is purely bonafide and as per the Banking Regulation Act and they have not shown any deficiency in service or negligence at any point of time.  It is true that, the complainants have issued legal notice and the OP has issued reply to the legal notice.  The OP has requested the complainants to produce necessary documents, but they have not submitted the same nor complied the terms of the notice.  Instead of submitting the documents, they have filed this false complaint by suppressing the very material facts and hence, there is no deficiency of service and prayed for dismissal of the complaint.

According to the version filed by the OP No.2 to 4, it is submitted that, on merits of the matter, the complainants have got registered the Hamalara Sangha on 23.11.2016 before the Assistant Labour Commissioner, Bellary Division, Davanagere, because the previous existing Sangha has not been registered as per law, but it is utterly false that, the previous Sangha has been registered under the name and style of Town Loading and Unloading Hamalara Sangha, Challakere before the Karnataka State Hamali Karmikara Federation (R), Bangalore vide Sl.No.20/2004 on 05.07.2004.  It is further submitted that, previously the complainants along with other Hamalis are join together and formed the Sangha, the same has not been registered.  Sri. S. Rajanna as President, Obaiah as Secretary and Manjunatha as Treasurer were appointed temporarily and S.B A/c No.10568100010347 has been opened with the OP in their names jointly for transacting the money collected from the members of the Sangha is denied as false and the complainants are put to strict proof of the same.  It is false to state that on 23.11.2016 the complainants along with other Hamalas have registered the Sangha under the name and style as “Town Loading and Un-loading Hamalara Sangha (R), Nehru Circle, Challakere, Chitradurga before the Assistant Labour Commissioner, Davanagere, Bellary Division as per law and obtained the Certificate and after registration of the Sangha, one Sri. P.B. Basavaraj was elected as the President, Sri.O Channaiah as the Secretary and Sri. Nasruddin as the Treasurer as per law and the same is put to strict proof of the same.  The SB A/c which stands in the name of Rajanna, Obaiah and Manjunatha has been changed in the name of complainants as per their consent and the complainants continued the S.B A/c No.10568100010347.  After registration, the Sangha has deposited the money which was collected from the Hamalies several times and withdraw the amount, for that the OPs have given an opportunity is denied as false. Recently, the OP Bank has not permitted the complainant to remit or to withdraw the amount with the said S.B A/c, the same is against to the law, for that the complainants have suffered mental pain and not able to develop the Sangha and which caused heavy loss are all denied as false and the OPs have not committed any deficiency of service and hence, prayed for dismissal of the complaint.

4.     Complainant No.2 himself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-11 got marked.  OP No.1 has examined one Sri.B.G. Siddeshappa, the Branch Manager as DW-1 and OP No.3 has examined as DW-2 no documents have been got marked and closed their side.

5.     Arguments heard.

6.     Now the points that arise for our consideration for decision of above complaint are that;

(1)  Whether the complainant proves that the OP No.1 has committed deficiency of service, negligence and defective service to the complainant in transacting with the S.B A/c opened with it and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

        7.     Our findings on the above points are as follows:-

        Point No.1:- In Negative.

        Point No.2:- As per final order.

REASONS

8.     It is case of the complainants that, they are doing Hamali work in Challakere Town and formed the Hamalara Sangha, but not registered the same.  One Sri S. Rajanna was the President, Sri Channaiah was the Secretary and Sri. Manjunath was the Treasurer on temporary basis respectively and opened the SB A/c No.10568100010347 with the OP Bank, the same has been transacted with Bank on behalf of Sangha.  On 23.11.2016 the complainants along with other Hamalas have registered the Sangha under the name and style as “Town Loading and Un-loading Hamalara Sangha (R), Nehru Circle, Challakere, Chitradurga before the Assistant Labour Commissioner, Davanagere, Bellary Division as per law and obtained the Certificate.   After forming the new body of the Sangha, the complainants have given letter to the OP No.1 to give permission to transact the account, by that time, the old committee has strongly opposed and requested the OP No.1 not to give permission to transact the S.B A/c to the newly formed body.  By that time, the OP No.1 has stopped to transact the account to the old and new body and told that whatever the amount available in the SB A/c of the Sangha is with the Bank.  The Bank Manager says that, who succeeded in the case from this Forum, that body has got right to withdraw the amount from the SB A/c.  But this Forum has no jurisdiction to decide and give permission to old or new body to withdraw the amount from the OP No.1 and this case is to be decided before the Civil Court only. 

9.     We have gone through the entire documents filed by the complainants which clearly goes to show that, the complainants are the Hamalis by profession and they opened S.B A/c No.10568100010347 with the OP No.1 in the name and style as Town Loading and Unloading Hamalara Sangha, Challakere before the Karnataka State Hamali Karmikara Federation (R), Bangalore vide Sl.No.20/2004 on 05.07.2004.  The complainants were the President, Secretary and Treasurer to the above said Sangha on temporary basis and transacted with the above said SB A/c.  Thereafter, new body has been formed and objected to transact the above said A/c opened with the OP No.1.  The OP No.1 has stopped to transact the complainants and also to the newly elected body.  No doubt the matter is purely a civil in nature, therefore, this Forum comes to the conclusion that, the parties can approach the Civil Court for their redressal.  Accordingly, this Point No.1 is held as negative to the complainants.

          10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

          The complaint filed by the complainant U/s 12 of C.P Act 1986 is hereby dismissed.

          However, both parties are at liberty to approach the Civil Court for redressal.

            (This order is made with the consent of Lady Member after the correction of the draft on 17/01/2019 and it is pronounced in the open Court after our signatures)     

 

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant No.2 by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:  Sri.B.G. Siddeshappa, the Branch Manager of OP No.1 by way of affidavit evidence.

DW-1:  Sri.T. Thippeswamy by way of affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Registration Certificate
02	Ex-A-2:-	Requisition letter dated 24.01.2018 given to Assistant Labour Officer
03	Ex-A-3:-	Reply given by Assistant Labour Officer
04	Ex-A-4:-	Letter dated 07.05.2018 given to OP No.1
05	Ex-A-5:-	Reply dated 07.05.2018 by OP No.1
06	Ex-A-6 & 7:-	4 challans
07	Ex-A-8:-	Legal notice dated 14.05. 2018
08	Ex-A-9:-	Reply dated 26.06.2018
09	Ex-A-10:-	Postal receipt and acknowledgement
11	Ex.A-11:-	Pass Book

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                   PRESIDENT

Rhr**