BEFORE THE  DIST. CONSUMERS DISPUTES REDRESSAL FORUM;  DHARWAD.

DATE:  8^th July 2016       

PRESENT:

1) Shri B.H.Shreeharsha       : President

2) Smt.M.Vijayalaxmi             : Member 

Complaint No.: 74/2016    

Complainant/s:              

Ishwar S.Badiger,

Age: 66 years, Occ: Retired, R/o.Kamati Galli, Kamalapur, Dharwad.

(By Sri.N.M.Badiger, Adv.)

v/s

Respondent/s:

1. The President, The Karnataka Vishwabrahma Co-Operative Credit Society Ltd., Raviwar Peth, Dharwad-580001

(By Sri.A.C.Chakalabbi, Adv.)

2. The Chief Executive Officer, The Karnataka Vishwabrahma Co-Operative Credit Society Ltd., Raviwar Peth, Dharwad-580001

3. The Secretary, The Karnataka Vishwabrahma Co-Operative Credit Society Ltd., Raviwar Peth, Dharwad-580001

4. The Branch Manager, The Karnataka Vishwabrahma Co-Operative Credit Society Ltd., Raviwar Peth, Dharwad-580001

 (Exparte)

O R D E R

By: Shri. B.H.Shreeharsha : President.

1.     The complainant has filed this complaint claiming  for a direction to respondents to refund Rs.65,124/- in respect of SB account 186/86 along with interest 18%PA, to pay Rs.10000/- as compensation towards mental agony, Rs.10,000/- towards cost of the proceedings and to grant such other reliefs. 

Brief facts of the case are as under:

2.     The case of the complainant is that,  after retirement from the government service the complainant being an account holder of respondent bank opened an account in the year 1986 bearing SB account # 186/86 & kept Rs.65,124/-. The said amount is in the said account since 2014 as such the complainant approached the respondent to permit him to withdraw the amount along with interest. Inspite of several requests respondents did not permit the complainant to withdraw the amount. Hence, on 07.11.2015 complainant wrote RPAD letter requesting to refund the same. The said letter returned not claimed. The complainant being senior citizen he is in need of the money, non refund of the amount put the complainant to financial difficulties. On 09.02.2016 got issued legal notice calling upon to refund the matured investments. The notice sent to respondent 3 returned not claimed on 18.02.2016. While the notice sent to respondent 1 to 4 served, not replied. The non payment, amounts to deficiency in service. Hence, the complainant filed the instant complaint praying for the relief as sought.

3.     In response to the notice issued from this Forum the respondent.1 appeared. While the respondent 2 to 4 remained absent despite service of notice. Hence, exparte proceedings initiated. While the respondent 1 filed written version stating that, the very complaint is not maintainable either in law or on facts and prays for dismissal of the complaint. While the respondent admits the position of respondent 1 to 4 as narrated in the cause title. While denied the investment of the amount by the complainant in the SB accounts and also other facts viz., he approached respondent during that time respondent did not returned amount and also of the fact, the issuance of the notice & non compliance. In toto the respondent denied all the complaint averments and puts the complainant to strict proof of the same. Further the answering respondent also denied and disputes with regard to the maintainability of the complaint, cause of action, deficiency in service and prays for dismissal of the complaint with cost.

4.     On the said pleadings the following points have arisen for consideration:

1. Whether complainant has proved that there was deficiency in service on the part of respondents ?
2. Whether complainant is entitled to the relief as claimed ?
3. To what relief the complainant is entitled ?

Both have admits sworn to evidence affidavit, relied on  documents. Heard. Perused the records.

Finding on points is as under.

1. Negatively   
2. Negatively  
3.  As per order

R E A S O N S

P O I N T S 1 & 2

5.     On going through the pleadings & evidence coupled with documents of both the parties the burden of proving complainant has maintained SB account bearing 186/86 at respondents bank right from 1986 and he deposited amount to the tune of Rs.65,124/- which was the service benefits he received from his service at the time of retirement lies on complainant. The respondent categorically denied and disputes the amount in the complainant’s account right from 1986.

6.     It is the complainant who approached this Forum claiming the reliefs contending that he had amount of Rs.65,124/- right from 1986. The complainant except producing Ex.C1 passbook did not produced any other documentary evidence to show that he has maintained account with respondent right from 1986 and also the amount details statement from the date of deposit. In rebuttal to this version of complainant, respondent produced and relied on Ex.R1 is the account extract of SB account 186/86 which is stood in the name of complainant it shows entries to the date 30.08.2010 thereafter no entries. Ex.C1 passbook shows only two entries of 18.02.2014 & 26.08.2014. But the respondent denied & disputes the genuinity of the said passbook & conteded that it is not the passbook issued by the respondent, it is the concocted document created by the complainant colluding with respondent 3. Further the respondent contended that the respondent 3 has misappropriated the money belongs to the respondent bank as such they have initiated criminal proceedings against him. In support of this contention the respondent relied on order sheet in PC #108/15 on the file of 1^st Addl. Civil Judge & CJM Dharwad-Ex.R2, Ex.R5 & submits the said complaint is under investigation. Further the respondent submits, the complainant is also one of the director as such the complaint filed by the complainant against the respondent bank is not maintainable under CP Act as the complainant is not a consumer. In support of contention the complainant is also one of the director of respondent bank the respondent produced Ex.R3 and R4.

7.     As discussed supra and also based on the argument and evidence produced by the respondent when it is the definite case of the complainant that he has opened the account in the year 1986 and he has deposited the said amount what is the impediment left with the complainant in not producing the passbook containing entries from 1986 till entries in Ex.C1 dtd.28.06.2014. So also at this juncture another doubt arise in the mind of this Forum that when it is the definite case of the complainant that he has maintained account and deposited the amount in the year 1986, why for all these days the complainant did not raised any dispute nor whispered with regard to non allowing the complainant to  withdraw the amount so far all the days  by the respondent and why he has not made any demands for repayment of the same nor why he has not approached court of law for the same for all these days & why he particularly that too when it is SB account approached the respondent only in the year 2014 as contended by him.

8.     Taking into consideration of above all facts & considering the contention taken by the respondent fraud, misappropriation, limitation point under CP Act, creation of Ex.C1 in collusion of respondent.3 & failure to establish the complainant had deposited an amount of Rs.65,124/- & maintenance of the said amount in his account right from 1986 the complainant fairly failed to establish his case of he possess the said amount in his account and not permitting to withdraw by the respondent and thereby the respondents have committed deficiency in service the complainant is not entitled for any reliefs much less the reliefs as sought.

9.     In view of the above discussions we have arrived and proceed to held issue.1 and 2 in negative.

10.   Point.3: In view of the finding on points 1 and 2 proceeded to pass the following 

O R D E R

The complaint is dismissed. No order as to costs. However this order will not come in the way of complainant for his rightful claim before any other Forum/courts.

(Dictated to steno, transcribed by him and edited by us and pronounced in the open Forum on this day on 8^th day of JULY 2016)

(Smt.M.Vijayalaxmi)                                      (Sri.B.H.Shreeharsha)

Member                                                           President

Dist.Consumer Forum                                    Dist.Consumer Forum

MSR