BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE
Dated this the 7th March 2017
PRESENT
SRI VISHWESHWARA BHAT D : HON’BLE PRESIDENT
SMT.LAVANYA M. RAI : HON’BLE MEMBER
ORDERS IN
C.C.No.104/2015
(Admitted on 04.3.2015)
A.Raghuveer,
Aged about 65 years,
S/o U.Somayya,
Residing at Near Sequira Compound,
Marnamikatte, Mangalore.
……… Complainant
(Advocate for Complainant by Sri VKR)
VERSUS
- The President/Director,
Jagritha Multipurpose Co-operative Society,ltd,
Ullal No.8553, H.O.Jagrithi Sadana,
Temple Road, P.O Ullal,
Mangalore 575020
- The Manager ,
Jagritha Multipurpose Co-operative Society,
Ltd, Ullal No.8553,
H.O. Jagrithi Sadana,
Temple Road, P.O Ullal,
Mangalore 575020.
…. Opposite Parties
(Advocate for Opposite Party No. 1 and NO.2: Smt. SRK)
ORDER DELIVERED BY HON’BLE PRESIDENT
SRI VISHWESHWARA BHAT D
- 1. This complaint is filed under section 12 of the Consumer Protection Act alleging deficiency in service against the opposite party claiming certain reliefs.
The brief facts of the case are as under:
The complainant claims he has both parties SB Account RD Account with the out of FD Account. Complainant issued a cheque one M/s Karthik Enterprises for Rs.14,100/ was not honoured by the Opposite Party with reason Insufficient Funds. The complainant was surprised see a amount of Rs.15,000/ withdrawn SB Account and transferred to his loan account and signatures forged in certain papers maintained in the bank. When complainant obtained documents for the bank under saying these copies to the documents furnished to him by Opposite Party bank that the forgery and foul play on two papers maintained of the Opposite Party came to light. To the Show cause notice issued to the Opposite Party while in reply admitted the fault and foul play and prayed for apologizes. Hence seeks the reliefs claimed.
II. Opposite Party in version admits the allegation in the complainant except in respect of forgery of papers maintained in the bank. Forgery and foul play against Opposite Party No.1 were denied, misuse of the funds of the complainant is disputed. The Opposite Party denied transfer of amount to the loan account without complainants consent. In the respect of the outstanding amount in the loan account opposite Party was requesting complainant to clear the loan. He was also given concession in respect of the loan account. The complaint was not penalized with ulterior motive. Complaint is filed with ulterior nature. Issuing cheque dated 4.11.2014 for Rs.14,100/ by the complainant and its bouncing is admitted, hence seeks dismissal.
3. In support of the above complaint the complainant Mr. A. Raghuveer, filed affidavit evidence as CW1 and answered the interrogatories served on him and documents produced but not marked. On behalf of the opposite parties U. Rathnakar, (RW1), General Manager, of opposite party also filed affidavit evidence and answered the interrogatories served on him and produced documents got marked Ex.R1 to R9.
III. In view of the above said facts, the points for consideration in the case are:
- Whether the Complainant is a consumer and the dispute between the parties?
- If so, whether the Complainant is entitled for any of the reliefs claimed?
- What order?
The learned counsel for complainant filed notes of arguments. Opposite party not filed notes of arguments. We have considered entire case file on record including evidence tendered by the parties and notes of argument of the parties. Our findings on the points are as under are as follows:
Point No. (i): Affirmative
Point No. (ii): Partly Affirmative
Point No. (iii): As per the final order.
REASONS
IV. POINTS No. (i): The complainant as account holder with Opposite Party and that there is a relationship of consumer and service provider is undisputed. As to the debiting complainants account of Rs.15,000/ towards the loan account of complainant with Opposite Party. Complainant claims without any authorization by complainant it was done by opposite party. Opposite party claim due to audit objection it was done. There is dispute between the parties as contemplated under section 2 (1) (e) of the C.P. Act. Hence we answer point No.1 in the affirmative.
POINTS No.(ii): As seen from the copy of the legal notice issued and complaint and also reply issued on behalf of Opposite Party, the Opposite Party has apologized to the complainant for the lapse. The dispute that the transfer of the amount from SB account of complainant to Loan amount which was borrowed by complainant on charge of the F.D with opposite Party. When there was already security to loan in our view transferring the amount from S.B. Account amounts to deficiency in service by opposite Party to complainant.
2. As such opposite Party shall be directed to pay damages assessed at Rs.10,000/ and also litigation cost. Advocate fee fixed at Rs.4,000/. As regards direction to enquire this Forum has no powers to order such enquiry. Hence we answer point No.2 in the affirmative.
POINTS No. (iii): Wherefore the following order
ORDER
The Complaint is partly allowed with cost. Opposite Party is directed to pay a sum of Rs.10,000/ (Rupees Ten thousand only) as damages to complainant.
2. Advocates fee fixed at Rs.4,000/ (Rupees Four thousand only).
3. Opposite party shall pay the amount within 30 days from the date of service of copy on opposite party.
Copy of this order as per statutory requirements, be forwarded to the parties free of cost and file shall be consigned to record room.
(Page No.1 to 5 dictated by President to the Stenographer typed by him, revised and pronounced in the open court on this the 7th March 2017)
MEMBER PRESIDENT
(LAVANYA M RAI) (VISHWESHWARA BHAT D)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore Mangalore
ANNEXURE
Witnesses examined on behalf of the Complainant:
CW1 Mr.A. Raghuveer,
Documents marked on behalf of the Complainant:
Nil
Witnesses examined on behalf of the Opposite Parties:
RW1: Mr. U. Rathnakar, General Manager,
Documents marked on behalf of the Opposite Parties:
Ex.R1: Ledger extract of the S.B. Account No.1912.
Ex.R2: office copy of the legal reply of the Opposite Party dated 23.12.2014.
Ex.R3: Copy of the D.L. ledger extract.
Ex.R4: Copy of the D.L. 9595.
Ex.R5: Fixed deposit register extract of complaints account.
Ex.R6: RD ledger extract of complainant’s account.
Ex.R7: Resolution regarding the board meeting held on 15.11.2013.
Ex.R8: Quotation given by Sri Durgamaba Aluiminium and steel Fabrications.
Ex.R9: Quotation given by Shri Guru Aluminium Fabrication.
Dated: 7.3.2017 PRESIDENT
