Karnataka

Chitradurga

CC/83/2016

Shri.K.Chandrashekarappa S/o Kariyappa - Complainant(s)

Versus

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

Shri.M.Suresh

09 Dec 2016

ORDER

 

 

COMPLAINT FILED ON:06.09.2016

DISPOSED      ON:09.12.2016

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 83/2016

 

DATED:  9^th DECEMBER 2016

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

                   SRI.N. THIPPESWAMY        MEMBER

                                 B.A., LL.B.,                   

……COMPLAINANT	K. Chandrashekharappa, S/o Kariyappa, Retired Teaher, Age: 75 Years, R/o Sultanipura, Chitradurga Taluk and District.   (Rep by Sri. S. Sharanappa, Advocate)
V/S
…..OPPOSITE PARTY	The Branch Manager, Syndicate Bank, B.D. Road, Chitradurga.   (Rep by Sri. R. Jagadeesh, Advocate)

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 of direction to the OP to permit him to withdraw the pension amount every month and compensation towards mental agony etc.

2.      The brief facts of the case of the above complainant are that, complainant is a retired teacher and drawing his pension amount from the OP Bank.  It is further submitted that, he was a surety to the Agricultural loan obtained by his friend Sri. Parameshwarappa S/o Maheshwarappa in the OP Bank before 25 years and the Bank also mortgaged the property.  OP Bank never issued any notice to the complainant for non-payment of the loan obtained by the said Parameshwarappa.  It is further submitted that, when the complainant went for withdrawing his pension amount from his S.B A/c No.10002030000570 on 06.07.2016 through a cheque, the Manager of OP Bank told the complainant to ask the said Parameshwarappa to repay the loan amount and the cheque has not been encashed.  Complainant is a Diabetic patient and he eke-out his livelihood from his pension amount.  It is further submitted that, the said Parameshwarappa is also a retired teacher drawing his pension amount from the OP Bank, it can recover the loan amount from his account but, the OP did not do the same. The request made by the complainant to release his pension amount went in vain.  Therefore, on 04.08.2016 he gave a legal notice to OP Bank through Advocate but, the OP did not reply the said notice.  It is further submitted that, the Bank can recover the loan amount of said Parameshwarappa by filing a civil suit.  Knowing all these facts, OP Bank has acted against to the law which is a deficiency of service and therefore prayed for allow the complaint.

3.      On service of notice OP appeared through Sri. R. Jagadeesh, Advocate and filed version stating that, the complainant is a retired teacher but, it is not true that, he is leading his life from his pension amount only.  He is having immovable property and he is getting income from his lands also.  Complainant is drawing his pension amount from the OP Bank and he is a guarantor to the agricultural loan obtained by his friend Parameshwarappa S/o Maheshwarappa for Rs.1,05,100/- on 16.08.2006 by putting a signature on the deed of guarantee for agricultural advances and agreed to the terms and conditions and complainant is liable to pay the said loan with interest as per law.  It is further submitted that, the said Parameshwarappa obtained a loan by mortgaging his property on 16.08.2006 but not 25 years back and complainant is a guarantor.  After the death of said Parameshwarappa, Bank Officers contacted the LRs of deceased Parameshwarappa and the complainant personally several times for repayment of the loan amount with interest and notice was also issued but, they never made any repayment towards the loan.  It is submitted that, the complainant or the LRs of Parameshwarappa are liable to pay the loan amount obtained by his friend Parameshwarappa with interest as per the law and therefore, there is no deficiency of service on their part and prayed for dismissal of the complaint.                

4.      Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-3 were got marked. On behalf of OP, one Sri. Srinivasa. M, Manager has examined as DW-1 by filing the affidavit evidence and no documents have been got marked.   

5.      Arguments of both sides heard.

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

(1)  Whether the complainant proves that the OP has committed deficiency of service in releasing his pension amount from his S.B Account 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:- Partly in Affirmative.

          Point No.2:- As per final order.

REASONS

8.      It is not in dispute that, complainant is a retired teacher, drawing his pension amount from the S.B A/c No.10002030000570 of OP Bank.  It is true that, he was a guarantor to the Agricultural loan obtained by his friend Sri. Parameshwarappa S/o Maheshwarappa in the OP Bank before 25 years from the OP Bank by mortgaging his property.  It is the contention of the complainant that, on 06.07.2016, when he went for withdrawing his pension amount from his S.B A/c through a cheque, the Manager of OP Bank told the complainant to ask the said Parameshwarappa to repay the loan amount and the cheque has not been encashed.  Complainant is a Diabetic patient and he eke-out his livelihood from his pension amount.  Parameshwarappa is also a retired teacher drawing his pension amount from the OP Bank, it can recover the loan amount from his account but, the OP did not do the same. The request made by the complainant to release his pension amount went in vain.  The Bank can recover the loan amount of said Parameshwarappa by filing a Civil Suit.  OP Bank has acted against to the law which is a deficiency of service.

9.      In support of his contention, the complainant has filed his affidavit evidence and reiterated the contents of complaint and relied on the documents like Legal Notice dated 04.08.2016 marked as Ex.A-1, Postal receipt with acknowledgement marked as Ex.A-2, withdrawal slip marked as Ex.A-3.

10.    On the other hand, it is argued by the OP that, the complainant is a retired teacher.  He is having immovable property and he is getting income from his lands also.  Complainant is drawing his pension amount from the OP Bank and he is a guarantor to the agricultural loan obtained by his friend Parameshwarappa S/o Maheshwarappa for Rs.1,05,100/- on 16.08.2006 by putting a signature on the deed of guarantee for agricultural advances and agreed to the terms and conditions and complainant is liable to pay the said loan with interest as per law.  After the death of said Parameshwarappa, Bank Officers contacted the LRs of deceased Parameshwarappa and the complainant personally several times for repayment of the loan amount with interest and notice was also issued but, they never made any repayment towards the loan.  Therefore, the complainant or the LRs of Parameshwarappa are liable to pay the loan amount obtained by his said Parameshwarappa with interest as per the law and therefore, there is no deficiency of service on their part.

 

11.   On hearing the rival contentions of both parties and on perusal of the documents including the affidavit and documentary evidence, it clearly made out that, the complainant is a retired teacher, drawing his pension amount from the OP Bank through S.B Account.  It is pertinent to note that, complainant stood as a guarantor to the loan for Rs.1,05,100/- obtained by his friend Parameshwarappa S/o Maheshwarappa, who is also a retired teacher by mortgaging his property from the OP Bank.  OP Bank never tried to recover the loan amount obtained by said Parameshwarappa since from the date of obtaining the loan, it clearly goes to show that, there is a deficiency of service.  Complainant is suffering from Diabetic, the pension amount is very essential to him for taking medicines and treatment.  It is patient to note that, OP never issued any notice to Parameshwarappa for repayment of the loan amount since from 2006.  Now the said Parameshwarappa is no more.  Therefore, the OP Bank is at liberty to recover the loan with interest from his LRs by filing a civil suit before the competent Court of Law.  Such being the case, the OP Bank has restricted the complainant to withdraw his pension amount from his account on the pretext that, the agricultural loan obtained by one Parameshwarappa is due, for which the complainant stood as a surety, which cannot be acceptable.  So, in our considered view, the OP has committed deficiency of service.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.           

 

            12.     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 CP Act 1986 is partly allowed.

It is ordered that, the OP is hereby directed to permit the complainant to draw the pension amount from his account every month.

It is further ordered that, the OP is hereby directed to pay a sum of Rs.15,000/- to the complainant towards mental agony along with interest at the rate of 9% p.a from the date of filing of the complaint till realization. 

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

It is further ordered that, the OP is hereby directed to comply the above order within 30 days.

(This order is made with the consent of Member after the correction of the draft on 09/12/2016 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:  Sri. Srinivasa, Manager of OP by way of affidavit evidence. 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Legal Notice dated 04.08.2016
02	Ex-A-2:-	Postal receipt with acknowledgement
03	Ex-A-3:-	Withdrawal slip

 

Documents marked on behalf of OPs:

-Nil-

MEMBER                                                            PRESIDENT

Rhr**