BEFORE THE MANDYA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANDYA PRESENT: 1. SIDDEGOWDA, B.Sc., LLB., President, 2. M.N.MANOHARA, B.A.,LLB., Member, 3. A.P.MAHADEVAMMA, B.Sc., LLB., Member, ORDER Complaint No.MDF/C.C.No.148/2009 Order dated this the 12th day of April 2010 COMPLAINANT/S Smt.Gowramma W/o Late Siddaiah, R/o 2nd Cross, 2nd Main Road, Chikkegowdana Doddi, Mandya. (By Sri.K.M.Basavaraju., Advocate) -Vs- OPPOSITE PARTY/S The Manager, The Mandya City Co-operative Bank Ltd., Mandya. (By Sri.C.Chikkaraju., Advocate) Date of complaint 04.12.2009 Date of service of notice to Opposite party 22.12.2009 Date of order 12.04.2010 Total Period 3 Months 20 Days Result The complaint is allowed, directing the Opposite party to pay the amount of Rs.13,408/- with interest at 6% p.a. from 04.08.2007 and compensation of Rs.2,000/- along with cost of Rs.750/- to the Complainant within six weeks. Sri.Siddegowda, President 1. This complaint is filed under section 12 of the Consumer Protection Act, 1986 against the Opposite party Bank claiming Rs.10,615/- with interest of Rs.2,793/- along with current interest at 24% from 04.08.2007 with compensation of Rs.5,000/-. 2. The case of the Complainant is that she is the Consumer of the Opposite party Bank having S.B. Account. On 04.08.2007, she deposited cheque No.73193 of Indian Bank, Mandya for encashment in the Opposite party Bank in her account and challan has been issued and even the said amount has been entered in the pass book of the Complainant on 08.08.2007 by the staff of the Opposite party Bank. After some days, when the Complainant went to draw the amount, the staff of the Opposite party Bank informed that there is no Rs.13,408/- and it is lesser amount. When she approached the Manager, she was directed to produce the document and accordingly, she produced all the documents and Opposite party told that they would enquire and to wait for some time. The Complainant waited for some months, but there was no response. Therefore, on 17.07.2009 when she approached the Opposite party Bank with all the documents, the Opposite party Bank Authorities reacted negatively and refused to pay the amount as per the pass book. Therefore, the Opposite party has committed deficiency in service. In spite of legal notice on 07.11.2009, the Opposite party has not sent any reply nor paid the amount. Hence, the present complaint. 3. The Opposite party has filed version admitting that the Complainant is the customer of the Opposite party Bank. The other allegations made in the complaint are denied as false. The presentation of alleged cheque bearing No.73193 of Indian Bank, Mandya Branch for Rs.10,615/- for collection by the Complainant is not correct and the said amount is not realized to the Bank Account. Hence, the Opposite party is not liable to pay the said amount. The Opposite party has not committed any deficiency in service. If the Forum comes to the conclusion, the Complainant is entitled to the claimed amount, the United India Insurance Co., may Be directed to indemnify the claim, since the Opposite party insured the bank and obtained the bankers blanket policy. On these grounds, the Opposite party has prayed for dismissal of the complaint. 4. During trial, the Complainant is examined and she has produced the documents Ex.C.1 to C.5. The Opposite party is examined and Ex.R.1 is produced. 5. At the time of hearings, both sides were absent. 6. We have perused the records. 7. Now the points that arise for our considerations are:- 1. Whether the Complainant has deposited cheque for Rs.10,615/- drawn on Indian Bank, Mandya on 04.08.2007? 2. Whether the Opposite party has committed deficiency in service in not paying the amount? 3. Whether the Complainant is entitled to the amount claimed? 8. Our findings and reasons are as here under:- 9. POINTS NO.1 TO 3:- The undisputed facts are that the Complainant is the customer consumer of the Opposite party Bank having S.B. Account as per the pass book Ex.C.1 & C.2. 10. The grievance of the Complainant is that the Complainant presented the cheque on 04.08.2007 drawn on Indian Bank, Mandya Branch for Rs.10,615/- the cheque bears No.73193 to the Opposite party Bank for collection to her S.B. Account and the Opposite party Bank staff has entered the collection of the amount in her pass book Ex.C.1 and thereafter, when she went to draw the amount, she found that the amount is not credited to her S.B. Account in the Opposite party Bank and refused to pay the said amount when she went to draw the same. The contention of the Opposite party is that the Complainant has not deposited the cheque with Opposite party Bank and the amount is not realized. But, the Complainant has produced Ex.C.6 the challan dated 04.08.2007 and the challan of the Opposite party Bank and the stamp of the Opposite party Bank is put with small signature of staff and the amount is Rs.10,615/- and this amount is mentioned in the column of cheque, though the cheque number is not mentioned. The Opposite party Manager has not disputed the same. The Opposite party has also admitted in his evidence that the cheque amount has been entered in his pass book as per Ex.C.1 on 08.08.2007 and the balance amount is shown as Rs.13,408/-. But, the Opposite party has refused to pay the said amount and in that connection, the Complainant has given a petition Ex.C.3 admittedly on 17.07.2009 and for this on 19.08.2008, the Opposite party has issued a letter to produce the documents on 25.08.2008 and they would consider. According to the evidence of the Complainant, she has produced the documents, but the Opposite party did not rectify the accounts and did not pay the cheque amount. Therefore, she got issued a legal notice Ex.C.5 on 07.11.2009. The notice is served on Opposite party, but Opposite party has not sent reply admittedly. The documents produced by the Opposite party and the evidence of the Opposite party in the cross-examination, clearly proves that the Complainant presented the cheque on 04.08.2007 for collection as per the challan Ex.C.6 and the staff has entered the cheque amount in the pass book and giving of letters and reply and legal notice. Therefore, it is clearly established the Complainant has deposited the amount through cheque to the Opposite party Bank and the amount was realized by the Opposite party Bank. But, it was not entered in the S.B. Account of the Complainant in the Opposite party Bank and in spite of letters and legal notice, the Opposite party has not paid and therefore, the Opposite party has committed deficiency in service. 11. The Complainant has sought for cheque amount of Rs.10,615/- and claimed interest from 04.08.2007 and the previous amount of Rs.2,793/- in her S.B. Account together with interest at 24% p.a. from 04.08.2007. Naturally, as per the pass book, the Complainant is entitled to the balance amount in the S.B. Account i.e., Rs.2,793/- and cheque amount of Rs.10,615/- totally Rs.13,408/-, though the Complainant has claimed interest at 24%, but in view of the S.B. Account she is entitled to interest at 6% p.a. from 04.08.2007. Further, the Complainant is entitled to compensation of Rs.2,000/- for delay and harassment. 12. The Opposite party has taken contention that it has obtained bankers blanket insurance policy from United India Insurance and therefore, the company may be directed to pay the amount. The Opposite party has produced the copy of the insurance certificate Ex.R.1. The insurance is Bankers Indemnity Policy issued by United India Insurance Company with effect from 31.03.2006 till 30.03.2008. This policy covers loss of money sustained by the reason of dishonest or criminal act of the employees of the insured with respect of the loss of money or securities wherever committed and whether committed singly or in connivance with others. Though, the Opposite party is entitled to the loss of money due to the dishonest of the employees as per terms of policy, but the Complainant cannot seek and this Forum cannot also direct the insurance company to pay the amount, because there is no privity of contract between the Complainant and it is not third party risk coverage policy and the Opposite party is liable to pay the amount to the Complainant and the Opposite party can claim that amount against the insurance company putting forth its claim before the insurance company. 13. In the result, we proceed to pass the following order; ORDER The complaint is allowed, directing the Opposite party to pay the amount of Rs.13,408/- with interest at 6% p.a. from 04.08.2007 and compensation of Rs.2,000/- along with cost of Rs.750/- to the Complainant within six weeks. (Dictated to the Stenographer, transcribed, corrected and then pronounced in the open Forum this the 12th day of April 2010). (PRESIDENT) (MEMBER) (MEMBER)
