24/12/2011
CC.273/07
Complainant : Devaki, W/o.Kochumon, Karuvan veettil, Thrikoor,
Mukundapuram Taluk.
(By Adv.Johnson T Thomas, Thrissur)
Respondents : 1. The National Bankers (Regd.) , Malipuram, Kochi
rep. by its Managing Partner Gracy, W/o. Peediyekkal
Francis. Kandakadavu, Kochi Taluk.
2. Gracy, W/o. Peediyekkal Francis. Kandakadavu,
Kochi Taluk.
(By Advs.K.K.Gopinathan & Micky J Nadakkalan, Thrissur)
3. The National Bankers (Regd.) Kuttanellur branch,
rep. by its Managing Partner Gracy, W/o. Francis.
Kandakadavu.P.O., Kochi Taluk.
CC.343/07
Complainant : Bella, W/o.Kottallukkaran Sunny, Puthur, Thrissur.
(By Adv.Johnson T Thomas, Thrissur)
Respondents : 1. The National Bankers (Regd.) , Malipuram, Kochi
rep. by its Managing Partner Gracy, W/o. Peediyekkal
Francis. Kandakadavu, Kochi Taluk.
2. Gracy, W/o. Peediyekkal Francis. Kandakadavu,
Kochi Taluk.
(By Adv.K.K.Gopinathan, Thrissur)
3. The National Bankers (Regd.) Kuttanellur branch,
rep. by its Managing Partner Gracy, W/o. Francis.
Kandakadavu.P.O., Kochi Taluk.
CC.344/07
Complainant : Lawrence, S/o.Chittilapilly Joseph, Marathakkara,
Thrissur.
(By Adv.Johnson T Thomas, Thrissur)
Respondents : 1. The National Bankers (Regd.) , Malipuram, Kochi
rep. by its Managing Partner Gracy, W/o. Peediyekkal
Francis. Kandakadavu, Kochi Taluk.
2. Gracy, W/o. Peediyekkal Francis. Kandakadavu,
Kochi Taluk.
(By Adv.K.K.Gopinathan, Thrissur)
3. The National Bankers (Regd.) Kuttanellur branch,
rep. by its Managing Partner Gracy, W/o. Francis.
Kandakadavu.P.O., Kochi Taluk.
CC.382/07
Complainant : Kunjandan, S/o.Korankuzhi Karuppan, Ponnukkara,
Thrissur.
(By Adv.Johnson T Thomas, Thrissur)
Respondents : 1. The National Bankers (Regd.) , Malipuram, Kochi
rep. by its Managing Partner Gracy, W/o. Peediyekkal
Francis. Kandakadavu, Kochi Taluk.
2. Gracy, W/o. Peediyekkal Francis. Kandakadavu,
Kochi Taluk.
(By Adv.K.K.Gopinathan, Thrissur)
3. The National Bankers (Regd.) Kuttanellur branch,
rep. by its Managing Partner Gracy, W/o. Francis.
Kandakadavu.P.O., Kochi Taluk.
CC.386/07
Complainant : Ramadas,S/o.Korankuzhi Kunjandan, Ponnukkara,
Thrissur.
(By Adv.Johnson T Thomas, Thrissur)
Respondents : 1. The National Bankers (Regd.) , Malipuram, Kochi
rep. by its Managing Partner Gracy, W/o. Peediyekkal
Francis. Kandakadavu, Kochi Taluk.
2. Gracy, W/o. Peediyekkal Francis. Kandakadavu,
Kochi Taluk.
(By Adv.K.K.Gopinathan, Thrissur)
3. The National Bankers (Regd.) Kuttanellur branch,
rep. by its Managing Partner Gracy, W/o. Francis.
Kandakadavu.P.O., Kochi Taluk.
CC.452/07
Complainant : Suresh, Pooloth House, Eravimangalam, Nadathara
Village,Thrissur.
(By Adv.Johnson T Thomas, Thrissur)
Respondents : 1. The National Bankers (Regd.) , Malipuram, Kochi
rep. by its Managing Partner Gracy, W/o. Peediyekkal
Francis. Kandakadavu, Kochi Taluk.
2. Gracy, W/o. Peediyekkal Francis. Kandakadavu,
Kochi Taluk.
(By Advs.K.K.Gopinathan & Micky J Nadakkalan, Thrissur)
3. The National Bankers (Regd.) Kuttanellur branch,
rep. by its Managing Partner Gracy, W/o. Francis.
Kandakadavu.P.O., Kochi Taluk.
CC.458/07
Complainant : Santhoshkumar, Karuvanveettil House, Thrikoor, Mukundapuram Taluk,Thrissur.
(By Adv.Johnson T Thomas, Thrissur)
Respondents : 1. The National Bankers (Regd.) , Malipuram, Kochi
rep. by its Managing Partner Gracy, W/o. Peediyekkal
Francis. Kandakadavu, Kochi Taluk.
2. Gracy, W/o. Peediyekkal Francis. Kandakadavu,
Kochi Taluk.
(By Adv.K.K.Gopinathan, Thrissur)
3. The National Bankers (Regd.) Kuttanellur branch,
rep. by its Managing Partner Gracy, W/o. Francis.
Kandakadavu.P.O., Kochi Taluk
CC.657/07
Complainant : Chinnamma Babu, , Nariparayil House, Nadathara,
Nadathara Village,Thrissur.
(By Adv.Johnson T Thomas, Thrissur)
Respondents : 1. The National Bankers (Regd.) , Malipuram, Kochi
rep. by its Managing Partner Gracy, W/o. Peediyekkal
Francis. Kandakadavu, Kochi Taluk.
2. Gracy, W/o. Peediyekkal Francis. Kandakadavu,
Kochi Taluk.
(By Advs.K.K.Gopinathan & Micky J Nadakkalan, Thrissur)
3. The National Bankers (Regd.) Kuttanellur branch,
rep. by its Managing Partner Gracy, W/o. Francis.
Kandakadavu.P.O., Kochi Taluk.
CC.574/08
Complainant : K.O.Sunny, Kuriyanparambil House, P.O. Nadathara,
Thrissur.
(By Adv.A.D.Benny, Thrissur)
Respondents : 1. Manager,The National Bankers (Regd.) ,
P.O.Kuttanellur.
2. The National Bankers (Regd.) rep. by Managing
Partner, P.O.Malipuram.
(By Adv.K.K.Gopinathan, Thrissur)
CC.580/08
Complainant : Balakrishnan, Pulanikkara House, Kainoor.P.O.,
Kokkath, Thrissur.
(By Adv.Rani Skaria, Thrissur)
Respondents : 1. The National Bankers (Head Office Maipuram Kochi)
Kuttanellur branch, rep. by its Managing Partner
Gracy, W/o. Francis. Kandakadavu.P.O., Kochi Taluk
2. Gracy, W/o. Peediyekkal Francis. Kandakadavu,
Kochi Taluk,Managing Partner, The National Bankers
Branch Office, Kuttanellur.
(By Adv.K.K.Gopinathan, Thrissur)
CC.707/08
Complainant : Jaya, Perinchery House, P.O.Ponnukkara, Thrissur.
(By Adv.A.D.Benny, Thrissur)
Respondents : 1. Manager,The National Bankers (Regd.) ,
P.O.Kuttanellur.
2. The National Bankers (Regd.) rep. by Managing
Partner, P.O.Malipuram.
(By Adv.K.K.Gopinathan, Thrissur)
ORDER
By Smt.Padmini Sudheesh, President
The case of complainant in CC.273/07 is that the complainant had joined the 12th day monthly chitty conducted by respondents as per pass book No.51. The chitty has been started on 12/12/03 and the termination date was 12/1/08. The complainant has been remitted 37 instalments and when gone to remit the 38th instalment it was told that the chitty is not conducting further. The complainant has been remitted Rs.14,800/- towards the chitty. She is entitled to get back this amount from respondents. Hence the complaint.
2. The counter averments of respondents are that this respondent is the wife of late P.R.Francis. He initially joined in the National Bankers as a partner and later became the Managing partner along with this respondent as the partner. While late Francis was the Managing Partner the business of the firm was running well and profitable. The Kuttanellur branch was entrusted to the Manager Stalin. He has opened the account No.1102/88 at Kuttanellur Service Co-operative bank for maintaining the chitty fund of National Bankers. Unfortunately husband of this respondent passed away and after his death the partnership has been reconstituted with this respondent as the Managing Partner and Simu Francis as partner. The daughter of this respondent Semi used to attend the Kuttanellur branch. Later Stalin retired and Smt.Vimala who was working as clerk was appointed as the Manager. At that time the account maintained by Stalin was closed. A new account has been opened in the name of Simu Francis and Semmi Francis as account No.3310/2001. Thus with effect from 2001 August onwards Smt.Vimala was functioning as the Manager. This respondent decided to stop the functioning of the bank at Kuttanellur and transmit the account to Malipuram. Smt.Vimala offered that she will take up the entire responsibility for the operations at the branch and on 22/6/04 it was decided that the arrangements should be reduced to writing in the form of agreement and the complainant was entrusted with the duty to complete the formalities. It was agreed between Vimala and this respondent that all accounts are settled between the parties and there is no mutual monetary rights and liabilities. The agreement will clearly show that the branch was to transform itself as an independent proprietary unit by taking over the existing business which was hither to run there with all rights and liabilities. After 1/7/04 there was no association between the National Bankers, Malipuram and Smt.Vimala who started to run the branch as an independent entity. Smt.Vimala started a bank account in her name as account No. 4164/2004 at Kuttanellur Service Co-operative bank. Though it was represented that Smt.Vimala will take fresh registration and will even change the name nothing was done. During the 1st week of January phone calls started from the customers at Kuttanellur stating that they want money and the Manager directing them to approach the Head office at Malipuram. The respondent was shocked upon this and immediately contacted with Vimala. It was informed by Vimala that the responsibility to pay the money to the customers is that of this respondent. On 17/1/07 this respondent received telephone calls from Ollur Police station stating that some of the customers has given a complaint to Ollur Police against the firm and the son of this respondent produced documents before the Police and convinced the genuineness. The customers were directed to work out their remedies against Smt.Vimala. So Vimala is a necessary party to this proceedings and the proceedings in her absence is bad for non joinder of necessary parties. The entire records pertaining to the kuries conducted are in the hands of Vimala and she will alone to be in a position to state whether the complainant is actually a subscriber or not. As she alone has collected amounts and dealt with customers in her absence this respondent can not be accepted the details and the assertion by the complainant is denied by this respondent. The National Bankers having its head office at Malipuram has at present no branch office at Kuttanellur. What is functioning at Kuttanellur is only the proprietary concern of Smt.Vimala. She is responsible for the running of the Kuttanellur Organization and money if any paid by the complainant can only be to Smt.Vimala and she alone has accepted the same. This respondent is not at all acquainted with the complainant and the transaction. This respondent has not received any amount from the complainant. This respondent can only be held responsible for amounts paid upto 1/7/04. 1/7/04 is the agreement date. Now there is no Kuttanellur branch and it appears that Vimala has collected the amounts and appropriated the same for her use. It is the duty of Vimala to repay the amount collected by her. Hence dismiss.
3. The other cases are filed against the same respondents to recover chitty amount. The averments in the complaint and the counter are same.
4. Points for consideration are :
1) Was there any deficiency in service from the part of respondents?
2) If so reliefs and costs?
5. The evidence adduced consists of Exhibit P1 and Exhibit R1 in this case. In all the other cases the pass books are marked as Exhibit P1 and the copy of agreement produced is marked as Exhibit R1.
6. In all the cases Exhibit P1 are the pass books showing the payment of money towards the chitties conducted by National Bankers. It is the case of respondent that the entire assets and liabilities of Kuttanellur branch of National Bankers were taken over by one Vimala by executing Exhibit R1. As per Exhibit R1 from 1/7/04 onwards Smt.Vimala had taken over the assets and liabilities and the entire functioning of 1st respondent firm branch at Kuttanellur. In all the other cases the copy of this karar is produced and marked as Exhibit R1. The pass books produced would show the payment of money by complainants.
7. Exhibit R1 is an agreement executed by 2nd respondent in favour of Vimala. As per this agreement from 1/7/04 onwards Vimala is responsible for all the assets and liabilities of National Bankers Kuttanellur branch office. Even if this contention is taken by respondent at an earlier stage no steps were taken by complainants to implead Vimala as a party in the complaints. As per Exhibit R1 the present respondents in the complaint is not at all responsible to return the amount claimed by complainants from 1/7/04. In the counter filed by respondents in CC.273/07 it has stated that for the liabilities before 1/7/04 this respondent is liable. As per Exhibit P1 in this case (CC.273/07) there are liability before 1/7/04. As admitted by respondent she would be liable to return the money shown in Exhibit P1 before 1/7/04. This respondent is not liable to return money due after 1/7/04.
8. In the result CC.273/07 is partly allowed and the respondent Gracy is directed to return the seven instalment amount to complainant with interest at the rate of 12% per annum from the date of payment till realization and for the remaining amount there is no responsibilityto her. In CC.574/08, 343/07, 707/08, 386/07 and 452/07 there are remittances before 1/7/04. So this respondent is liable to return the amount paid till 1/7/04 with interest at the rate of 12% per annum from the date of payment till realization. All the other cases stand dismissed.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 24th day of February 2011.
Sd/- Padmini Sudheesh, President
Sd/- Rajani.P.S., Member
Sd/- M.S.Sasidharan, Member
Appendix
Complainants Exhibits
CC.273/07,CC.343/07,CC.344/07,CC.386/07,CC.452/07,CC.458/07, 657/07&CC.580/08
Ext. P1 Pass book
CC.382/07
Ext. P1 Pass book
Ext. P2 Pass book
CC.574/08
Ext.P1 Pass book
Ext. P2 Copy of lawyer notice & postal receipts
CC.707/08
Ext.P1 Pass book
Ext. P2 Copy of lawyer notice
Ext. P3 Undelivered cover
Ext. P4 Acknowledgement card
Respondents Exhibit
CC.273/07
Ext. R1 Original karar
CC.343/07, CC.344/07, CC.382/07, CC.386/07, CC.452/07, CC.458/07, CC.657/07, CC.574/08, CC.580/08 & CC.707/08.
Ext. R1 Copy of Agreement
Id/-
President
