BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, VELLORE DISTRICT AT VELLORE. PRESENT: THIRU. A. SAMPATH, B.A., B.L., PRESIDENT TMT. G. MALARVIZHI, B.E. MEMBER – I THIRU. K. DHAYALAMURTHI,B.SC. MEMBER – II CC.59 / 2004 MONDAY THE 28th DAY OF FEBRUARY 2011. A. Nazeer Ahamed, No.46/B, Mettu Makkan Street, Salem-I, Now residing at No.160 Municipal Housing Board, Kannamangalam Main Road, Arcot – 632 503. Vellore District. … Complainant. - Vs – 1. The Secretary, Salem Urban Co-operative Bank Ltd., No.25, 1st Agraharam, Salem – 1. 2. The Deputy Registrar / Special Officer, Incharge The Salem Urban Co-op. Bank Ltd., (HO), No.25, 1st Agraharam, Salem – 1. … Opposite parties. . . . . This petition coming on for final hearing before us on 31.1.11, in the presence of Thiru. T. Kothandapani, Advocate for the complainant and Thiru. V. Ashok Kumar, Advocate for the opposite party-1 and Thiru. A.B. Gangadharan, Advocate for the opposite party-2, and having stood over for consideration till this day, the Forum made the following: O R D E R Pronounced by Thiru. A. Sampath, President of the District Consumer Disputes Redressal Forum, Vellore District. 1. The brief facts of the case of the complainant is as follows: The complainant mortgaged a jewel into opposite party bank vide jewel loan No.S4251 dt. 27.12.99 in the name of complainant. He is the member of the above opposite party vide membership No. 65096 and his share amount of Rs.1250/- and he had a bank account vide No.18714 Volume No.80. All the transaction of the opposite party bank addressed to the complainant is No.46/B, Mettu Makhan Street, Salem-1. For convenient and his family circumstance he shifted his residence to Arcot which is in Vellore District. Even though he shifted his residence he having housing and having contact in the earlier address. After issuing his personal letter dt. 5.7.04 to the opposite party he came to know by way of reply from 2nd opposite party dt. 23.7.04 that his property of jewel was taken auction at the lowest rate of Rs.36,000/- with notification of wrong addressed to the complainant No.46/B, Mettu Street, Salem-1. Mettu Makhan Street is completely living by Muslims or musalimans. Whereas Mettu Street is completely living by Hindus inhabitants. Hence this complainant feels and that the Salem Co-op. Bank Limited authority taken it shows discriminating view and their attitude partial and bias, it cannot to be compensated in a word. His Jewel 124.900 Grams value at about each gram Rs.390/- total value Rs.48,711/- whereas the opposite party fixed upon total bidding amount of Rs.36,000/-. He claims minimum compensation of Rs.50,000/- and expenses Rs.25,000/- claiming the value of the property Rs.48,711/- Total claim of Rs.48,711/- + Rs.50,000/- + Rs.25,000/- = Rs.1,23,711/-. It is prayed that granting an order of expenses incurred by the complainant in connection of the above claim from Arcot to Salem Rs.25,000/- and to pay the compensation of Rs.50,000/- and to pay Rs.48,711/- as actual price of the Jewel to the complainant with cost. 2. The averments in the counter filed by the 1st opposite party and adopted by the 2nd opposite party is as follows: The allegations mentioned in the complaint are all false, frivolous, vexatious and hereby expressly denied except such of those, which are specifically admitted below. The description of the 1st opposite party is not correct. Correct description is “The General Manager, The Salem Urban Co-operative Bank Limited S.No.25. The above complaint is not maintainable in law and on facts before the this Forum under section 11 of the C.P. Act. This Forum has not territorial jurisdiction as the subject transaction was taken place at Salem. The complainant has agreed that the legal Forums constituted under the provisions of Tamil Nadu Co-operative Societies Act alone shall have jurisdiction to entertain any application or other legal proceedings arising under the subject matter. The complaint allegations and the documents produced by the complainant purely establish that the subject matter of the complaint is within the jurisdiction of the Courts at Salem. The complaint allegations and the documents produced by the complainant purely establish that the subject matter of the complaint is clearly barred by limitation under section 24(A) of the C.P. Act. It is true that the complainant is a member under member number A 65096 and he has availed jewel loan under loan number S 4251. It is not admitted that the address of the complainant is 46/B, Mettu Makkan Street, Salem. The complainant has given his address to the bank as 46/B, Mettu Street, Salem. It is not admitted that the complainant shifted his residence to Vellore District. It is true that the weight of the jewel is 124.900 grams. But it is false to allege that the value is Rs.390/- per gram. It is false to allege that the gold quality is KDM 916. 3. The complainant has availed jewel loan of Rs.28000/- under loan number S 4251 on 27.12.99 and its due dt. 27.12.00. The jewel loan has to be repaid with interest at the rate of 18% per annum on or before 27.12.00. The complainant has not paid any amount towards the loan. After the due date, the accounts were closed and notices were sent by registered post to the complainant on 5.1.01, 311.01, and 3.3.01. The auction notices were sent to the address given by the complainant. The postal covers returned by the Postal Department to the opposite party with an endorsements that left without intimation. Further the postal staffs have also verified in the door number 46/B Mettu Makkan Street, Salem. They have made an endorsement that there is no such addressee. Thereafter the opposite party has fixed the auction date as 30.3.01 and published the auction notice in Malai Murasu daily dt. 20.3.01. Since the complainant has not turned up and cleared the loan. The jewel was brought for public auction. On 30.3.01 the jewel was sold in public auction for a sum of Rs.36000/-. After adjusting the sale amount, the balance of Rs.855/- was in suspense account. All these facts were informed to the complainant. The complainant has not repaid the loan as per terms and conditions of the jewel loan. Hence the opposite party has take the action under the provisions of Tamilnadu Co-operative Societies Act, 1983 for recovery of the money due to them and subsequent interest and cost as per regular accounts maintained by the opposite party. Hence the opposite party is not liable to pay any compensation much less Rs.50,000/-. The claim of expenses at Rs.25,000/- is highly vexatious and exaggerated. The correct value of the property is not mentioned. In any even the opposite party is not liable to pay any amount much less Rs.123711/-. 4. Now the points for consideration are: (a) Whether this Forum has got no territorial jurisdiction to try this case ?. (b) Whether there is any deficiency in service on the part of the opposite parties? (c) Whether the complainant is entitled to the reliefs asked for?. 5. Ex.A1 to Ex.A11 were marked on the side of the complainant and Ex.B1 to Ex.B6 were marked on the side of the opposite parties. Proof affidavit of the complainant and Proof affidavit of the opposite parties have been filed. No oral evidence let in by either side. 6. POINT NO. (a): - It is admitted facts of the parties that the complainant is the Member of the opposite party, Salem Urban Co-operative Bank Limited, under member No.A65096 and he has availed jewel loan of Rs.28,000/- under loan No.S 4251 on 27.12.99. 7. The complainant contended that for convenient and his family circumstances he shifted his residence to Arcot which is in Vellore District. Even though he shifted his residence he having housing and having contact in the Salem Address. After issuing his personal letter Ex.A6, dt. 5.7.04 to the opposite party he came to know by way of reply from the 2nd opposite party dt. 23.7.04. that his property of jewel was taken auction at the lowest rate of Rs.36,000/- with notification of wrong address to the complainant No.46/B, Mettu Street, Salem-1. Hence, the Salem Co-op. Bank Limited authority taken it shows discriminating view and their attitude partial and bias. His jewel 124.900 grams value at about each gram Rs.390/- total value Rs.48,711/- whereas the opposite party fixed upon total bidding amount of Rs.36,000/-. Therefore the opposite parties committed deficiency in service. 8. The opposite parties contended that the complaint allegations and the documents produced by the complainant purely establish that the subject matter of the complaint is within the jurisdiction of the courts at Salem. Therefore the complaint is not maintainable in law and on facts before this Forum under section 11 of the C.P. Act. Hence this Forum has got no territorial jurisdiction as the subject transaction was taken place at Salem. 9. From the perusal of proof affidavit of the complainant and the Ex.A1 to Ex.A5 produced by the complainant it is seen that the opposite party Urban Co-operative Bank Limited is situated at No.25, 1st Agraharam, Salem-1 and all the transactions about the said jewel loan, the opposite parties addressed to the complainant is No.46/B, Mettu Makkan Street, Salem-1. After the said loan transactions the complainant and his family shifted his residence from Salem to Arcot which is in Vellore District. The Learned counsel for the opposite parties invited our attention that the complaint is not maintainable in law and on facts before this Forum under section 11 of the C.P. Act. The Section 11 of the C.P. Act read as follows: 11. Jurisdiction of the District Forum:- (2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction, (a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or [carries on business or has a branch office or] personally works for again; or (b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or [carries on business or has a branch office] or personally works for gain, provided that in such case either ther permission of the District Forum is given, or the opposite parties who do not reside, or [carry on business or have a branch office] or personally work for gain, as the case may be acquiesce in such institution ; or (c ) the cause of action, wholly or in part, arises. It is admitted facts that, the opposite parties Urban Co-operative Bank Limited situated at No.25, 1st Agraharam, Salem-1 and the complainant has availed the jewel loan of Rs.28000/- under loan number S 4251 on 27.12.99 in the said opposite parties bank. From the perusal of proof affidavit of the complainant and the Ex.A1 to Ex.A5 produced by the complainant, it is seen that the subject matter of the complainant is within the jurisdiction of the Consumer Disputes Redressal Forum at Salem. Therefore it is clear under section 11 of the C.P. Act this Forum has get no territorial jurisdiction to try this case, since the subject matter of this complaint within the jurisdiction of the Consumer Disputes Redressal Forum, at Salem. 10. Hence, taking all the above facts into consideration from the contention in the complaint and the counter, as well as proof affidavit of the both the parties, and from the documents Ex.A1 to A11 and Ex.B1 to Ex.B6, we have come to the conclusion that this Forum has got no territorial jurisdiction to try this case. Hence we answer this point (a) as against the complainant herein. 11. POINT NO. b) & c ) In view of our findings on point (a), since, we have come to the conclusion that this Forum has got no territorial jurisdiction to entertain this complaint. We have also come to the conclusion that the complainant is not at all entitled to any relief asked for by him, in this complaint. Hence we answer this point ( b) & (c) also as against the complainant herein. 12. In the result, this complaint is dismissed. No costs. Dictated to the Steno-typist and transcribed by her, corrected and pronounced by the President, in Open Forum, this the 28th day of February 2011. MEMBER-I MEMBER-II PRESIDENT. List of Documents: Complainant’s Exhibits: Ex.A1- -- - X-copy of Jewels Loan receipt. Ex.A2- -- - X-copy of Complainant’s Pass book front page. Ex.A3- 22.4.99 - X-copy of ‘A’ Class Members Certificate. Ex.A4- 11.2.99 - X-copy of demand note by Department of Telecommunications, Salem. Ex.A5- -- - X-copy of Form No.2C. Ex.A6- 5.7.04 - X-copy of letter from the complainant to the opp party. Ex.A7- 23.7.04 - X-copy of letter by the opposite party’s bank to the complainant. Ex.A8- 23.2.01 - X-copy of Registered letter Cover. Ex.A9- 30.3.01 - X-copy of Registered letter cover. Ex.A10- -- - X-copy of Ack. Card. Ex.A11- -- - X-copy of Ack. Card. Opposite party’s Exhibits: Ex.B1- -- - X-copy of Registered letter cover. Ex.B2- 3.3.01 - X-copy of notice by the opposite party. Ex.B3- -- - X-copy of Registered letter cover. Ex.B4- -- - X-copy of newspaper cutting Ex.B5- -- - X-copy of Bank customer signed for Jewels auction Proceeding received from the Head office of Salem Urban Co-op bank. Ex.B6- -- - X-copy of details of jewels loan balance. MEMBER-I MEMBER-II PRESIDENT.
| | [ Hon'ble Tmt G.Malarvizhi, B.E] MEMBER[ Hon'ble Thiru A.Sampath, B.A., B.L] PRESIDENT[ Hon'ble Tr K.Dhayalamurthy, Bsc] MEMBER | | 
