BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT:

SHRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENA KUMARI .A : MEMBER

SMT. S.K. SREELA : MEMBER

O.P. No. 97/2005 Filed on 18/3/2005

Dated:15..06..2009

Complainant:

K. Kochahamed Pillai, 135, Pournami, Chanthavila, Sainik School-P.O., Kazhakkuttom, Thiruvananthapuram.

(By Adv.M. Rajagopalan Nair)

Opposite parties:

1. The Kazhakuttom Service Co-operative Bank Ltd.No.1457, Kazhakuttom-P.O., Thiruvananthapuram. Represented by its Secretary.

    

2. Geetha, Cashier, Kazhakkuttom Service Co-operative Bank Ltd.No.1457, Chanthavila Branch, Sainik School P.O., Kazhakkuttom, Thiruvananthapuram.

    

(By Adv. Nalanchira P. Krishnankutty)

This O.P having been heard on 30..04..2009, the Forum on 15..06..2009 delivered the following:

ORDER

SHRI. G. SIVAPRASAD, PRESIDENT:

The facts leading to the filing of the complaint are that the complainant and his wife are members of the 1^st opposite party bank vide membership Nos.C-1355 & C-1356, that complainant and his wife joined chitty transaction (Monthly Deposit Scheme) of the opposite party, which was registered as No.8 of the year 2003 that the chitty amount is Rs.50,000/-, and that the complainant has to effect payment monthly towards the chitty transaction. The complainant is holding A/c No.26 and his wife's A/c No.is 27. The monthly subscription is Rs.1,000/-per person less its commission. Complainant used to remit the monthly installment promptly without giving any chance for forfeiture of commission or levy of interest. On 7/5/2004, the complainant visited the 1^st opposite party bank at 12.30 hours to remit the installment. The 2^nd opposite party is in-charge of managing scheme of the said chitties. Complainant offered to remit Rs.1,500/- towards the installments in A/c Nos.26 & 27. The 2^nd opposite party did not receive the said installments from the complainant thereby complainant could not participate in the next days bid and also to join the next scheme proposed to commence next day. The denial of such facility is to favour some others by reducing the number of participants in the next day's bid. The 1^st opposite party is receiving 5% commission from participants. Opposite party is bound to extend full service to the participants. Opposite parties committed deficiency in service, besides causing him great financial and mental hardship. Hence this complaint to direct the opposite parties to pay compensation of Rs.25,000/- to the complainant and refund the amount remitted by the complainant and his wife with interest thereon.

2. Opposite parties filed version contending that the complaint is a frivolous which is liable to be dismissed with compensation to opposite parties. The complainant is a chittalan in the monthly deposit scheme and promptly paid up to 11^th installments. One installment is Rs.1,000/-, after monthly deduction of veethapalisa he has to pay Rs.750/- towards the 12^th installment. On 7/5/2004, complainant came to 1^st opposite party bank for remitting the 12^th installment. As per his instruction the payment was also recorded in the chitty register. But he could not pay the amount of Rs.750/- as he was at short of money. Complainant is a neighbour of the bank. He requested the Branch Manager the short amount at that time on condition that he would bring the balance next day. The Branch Manager was a lady, who took charge of the Bank some days before the complainant arrived at the Bank for remittance. Since the Branch Manager has newly taken over charge, she could not get time to familiar with the customers of the Bank though they are the nearby neighbours. The complainant was un-familiar to the Branch Manager, it was asked him to bring the short amount also for rendering remittance receipt for Rs.750/-, that when the complainant came to the Bank for remittance it was straight away recorded in the register. When it was found short of money, written receipt of remittance of Rs. 750/- was not tendered to the complainant. He was asked to bring in balance for getting the receipt written up. This suggestion, infuriated the complainant and he went away after scolding the Branch Manager. Complainant took the suggestion of the Manager as insult towards his honesty and faithfulness and thereafter he did not turn up to remit the installment. The complainant is not entitled to get any reliefs as prayed for in the complaint. Hence opposite parties prayed for dismissal of the complaint with cost and compensatory costs.

3. The points that arise for consideration are:

1. Whether there is deficiency in service on the part of opposite parties?

2. Whether complainant is entitled to get compensation, if so, at what amount?

3. Whether complainant and his wife are entitled for refund of the remitted amount?

4. Whether complainant is entitled to get costs?

3. Points (i) to (iv) : In support of the complaint, complainant has filed an affidavit of himself as PW1 and Exts. P1 to P10 were marked. In rebuttal, cashier of the opposite party bank has filed affidavit. The first point requiring consideration is whether there has been deficiency in service on the part of opposite parties. It is not in dispute that complainant has remitted upto 11^th installments. The case of the complainant is that on 7/5/2004 he came to the opposite party bank for remitting the 12^th installment and offered Rs.1,500/- towards installment each in Account No.26 and Account No.27 and for submitting the filled up proforma for the next scheme and offered Rs.500/- towards its 1^st installment scheduled to be bid on 8/5/2004. It has also been the case of the complainant that 2^nd opposite party ignored the complainant while offering to pay the amount towards 12^th installment. 2^nd opposite party did not receive the installment on 7/5/2004 from the complainant and his wife and thereby they could not participate in the next days bid and also to join the next scheme proposed to commence next day. Ext.P1 series are the receipts issued by opposite parties to the complainant and his wife. As per Ext.P1 series, there are 20 receipts, the amount remitted in each receipt comes to Rs.750/-. The said receipts are seen issued in connection with Account Nos. 26 & 27. Ext.P2 is the copy of the letter issued by the complainant to the President of Kazhakkuttom Service Co-operative Bank narrating the negligence, irresponsibility of the cashier of the bank concerned and request for compensation. Ext.P3 is the copy of the letter addressed to the Secretary of Kazhakkuttom Service Co-operative Bank regarding the personal enquiry on complaint lodged by the complainant, Ext.P4 is the copy of postal receipt, Ext.P5 is the copy of the advocate notice dated 18/10/2004 addressed to the Secretary and Casher/Manager of the opposite parties bank. Ext.P6 series are acknowledgment cards, Ext.P7 is the letter issued by Department of Posts to the complainant, Exts.P8 & P9 are copies of the chitty register. As per Ext.P9, one N. Rahuma Beevi has remitted 12 installments commencing from 13/6/2003 to 19/6/2004. On 7/5/2004 the entry made in the register is seen struck off. Thereafter on 19/6/2004, 12^th installment is seen remitted in connection with chittalan No.C.1356. As per Ext.P8, the complainant (chittalan No.1355) has remitted Rs.500/-. Ext.P10 is the copy of the register of the opposite party wherein complainant seen remitted installments from 13/6/2003 to 19/6/2004. On 7/5/2004 the entry made in the said register is seen struck off. Thereafter, on 19/6/2004, 12^th installment is seen remitted. Submission by the opposite party is that complainant on 7/5/2004 came to the bank for remittance of 12^th installment and it was straight away recorded in the register and when it was found short of money, written receipt of remittance was not tendered to the complainant and complainant was asked to bring in balance for getting the receipt written up. This suggestion, infuriated the complainant and he went away after scolding the Branch Manager and complainant came to the bank on 19/6/2004 to remit the 12^th installment and thereafter he did not turn up to remit installments. The specific case of the complainant is that though complainant had offered the amount of 12^th installment, opposite party did not accept it to avoid the complainant's participation in the next day bid. Complainant admitted in his cross examination, that he had remitted monthly installments promptly upto 11^th installments, and that 12^th installment was received by the Secretary and Cashier of the bank when they visited his house.

4. In her cross examination DW1 (2^nd opposite party) has deposed that the entry in Exts.P9 & P10 on 7/5/2004 was made by the attender DW1 has further deposed that "receipt total-ല്‍ വന്ന ccash ഇല്ലാത്തതു കാരണം തുക എടുത്തില്ല''. In opposite parties' version and affidavit it is stated that as per instruction of the complainant, payment was recorded in the chitty register, but he could not pay the amount Rs. 750/- as he has at short of money. Complainant has not furnished the receipts. On a perusal of Exts. P9 & P10 it is found that on 7/5/2004 some entry made in the register is seen struck off. It is pertinent to note that no entry is made on 7/5/2004 in the transaction column, while in prior entries, transaction column is seen filled up. Since transaction column is not seen filled up on 7/5/2004, evidently no transaction was made on 7/5/2004.

5. No evidence is adduced by the complainant to prove otherwise. Complainant has no case that he has applied for refund of remitted amounts. As per available records, opposite parties have received 12 installments of Rs.750/- from the complainants and 12 installments of Rs.750/- each from the wife of the complainant. The wife of the complainant is not a party in this complaint nor has the complainant furnished any material to show that he was authorised to conduct the case on behalf of Smt. N. Rahuma Beevi also. The onus of proving the denial of facility in the scheme by the opposite parties would rest on the complainant. Complainant did not adduce cogent and clinching evidence to substantiate the case against the opposite parties. In view of the foregoing discussions and in the light of evidence available on records, we find there is no substance to attribute deficiency in service on the part of opposite parties. Deficiency in service not proved. Hence complainant is not entitled to get compensation. Since complainant and his wife had remitted 12 monthly installments in A/c No.26 & A/c No.27, and the same was neither objected nor denied by opposite parties, they are entitled for refund of the amounts remitted.

In the result, complaint is partly allowed. 1^st opposite party shall refund the amount remitted (12 installments as per A/c No.26) with 9% interest thereon from the date of the complaint (18/3/2005) to the complainant. 1^st opposite party shall refund the amount remitted as per A/c No.27 with 9% interest thereon from the date of the complaint (18/3/2005) to Smt. N. Rehuma Beevi on her request. There will be no order as to compensation and cost.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 15^th day of June, 2009.

G. SIVAPRASAD,

PRESIDENT

BEENA KUMARI .A : MEMBER

S.K. SREELA : MEMBER

ad.

O.P.No.97/2005

APPENDIX

I. Complainant's witness:

PW1 : A. Kochahamed Pillai

II. Complainant's documents:

P1(series)Receipts dated 5/8/03, 5/8/03, 19/9/03, 17/9/03, 5/11/03, 5/11/03, 5/11/03, 8/12/03, 8/12/03, 9/1/04, 9/1/04, 16/2/04, 16/2/04, 13/3/04, 13/3/04, 10/4/04, 10/4/04, 13/6/03, 13/6/03, 6/10/03.

P2 : Copy of letter to the President, Kazhakkuttom Service Co-operative Bank, Chanthavila

P3 : Copy of letter issued by the complainant to the Secretary, Kazhakkuttom Service co-operative Bank.

P4 : Copy of postal receipt dated 27/9/2004

P5 : Copy of advocate notice dated 18/10/2004

P6 : Acknowledgment card

P6(a) : Acknowledgment card dated 23/10/2004

P7 : Copy of letter No.10-160-698-3290 dated at Trivandrum I the 09/01/2006.

P8 : Copy of chitty register dated 19/6/2004

P9 : Copy of chitty register dated from 13/6/03 to 19/6/04 chittal No.C-1356.

P10 : Copy of chitty register dated from 13/6/03 to 19/6/04 chittal No.C-1355.

III. Opposite parties' witness

DW1 : Geetha

IV. Opposite parties' documents: NIL

PRESIDENT

ad.

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT:

SHRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENA KUMARI .A : MEMBER

SMT. S.K. SREELA : MEMBER

O.P. No. 97/2005 Filed on 18/3/2005

Dated:15..06..2009

Complainant:

K. Kochahamed Pillai, 135, Pournami, Chanthavila, Sainik School-P.O., Kazhakkuttom, Thiruvananthapuram.

(By Adv.M. Rajagopalan Nair)

Opposite parties:

1. The Kazhakuttom Service Co-operative Bank Ltd.No.1457, Kazhakuttom-P.O., Thiruvananthapuram. Represented by its Secretary.

    

2. Geetha, Cashier, Kazhakkuttom Service Co-operative Bank Ltd.No.1457, Chanthavila Branch, Sainik School P.O., Kazhakkuttom, Thiruvananthapuram.

    

(By Adv. Nalanchira P. Krishnankutty)

This O.P having been heard on 30..04..2009, the Forum on 15..06..2009 delivered the following:

ORDER

SHRI. G. SIVAPRASAD, PRESIDENT:

The facts leading to the filing of the complaint are that the complainant and his wife are members of the 1^st opposite party bank vide membership Nos.C-1355 & C-1356, that complainant and his wife joined chitty transaction (Monthly Deposit Scheme) of the opposite party, which was registered as No.8 of the year 2003 that the chitty amount is Rs.50,000/-, and that the complainant has to effect payment monthly towards the chitty transaction. The complainant is holding A/c No.26 and his wife's A/c No.is 27. The monthly subscription is Rs.1,000/-per person less its commission. Complainant used to remit the monthly installment promptly without giving any chance for forfeiture of commission or levy of interest. On 7/5/2004, the complainant visited the 1^st opposite party bank at 12.30 hours to remit the installment. The 2^nd opposite party is in-charge of managing scheme of the said chitties. Complainant offered to remit Rs.1,500/- towards the installments in A/c Nos.26 & 27. The 2^nd opposite party did not receive the said installments from the complainant thereby complainant could not participate in the next days bid and also to join the next scheme proposed to commence next day. The denial of such facility is to favour some others by reducing the number of participants in the next day's bid. The 1^st opposite party is receiving 5% commission from participants. Opposite party is bound to extend full service to the participants. Opposite parties committed deficiency in service, besides causing him great financial and mental hardship. Hence this complaint to direct the opposite parties to pay compensation of Rs.25,000/- to the complainant and refund the amount remitted by the complainant and his wife with interest thereon.

2. Opposite parties filed version contending that the complaint is a frivolous which is liable to be dismissed with compensation to opposite parties. The complainant is a chittalan in the monthly deposit scheme and promptly paid up to 11^th installments. One installment is Rs.1,000/-, after monthly deduction of veethapalisa he has to pay Rs.750/- towards the 12^th installment. On 7/5/2004, complainant came to 1^st opposite party bank for remitting the 12^th installment. As per his instruction the payment was also recorded in the chitty register. But he could not pay the amount of Rs.750/- as he was at short of money. Complainant is a neighbour of the bank. He requested the Branch Manager the short amount at that time on condition that he would bring the balance next day. The Branch Manager was a lady, who took charge of the Bank some days before the complainant arrived at the Bank for remittance. Since the Branch Manager has newly taken over charge, she could not get time to familiar with the customers of the Bank though they are the nearby neighbours. The complainant was un-familiar to the Branch Manager, it was asked him to bring the short amount also for rendering remittance receipt for Rs.750/-, that when the complainant came to the Bank for remittance it was straight away recorded in the register. When it was found short of money, written receipt of remittance of Rs. 750/- was not tendered to the complainant. He was asked to bring in balance for getting the receipt written up. This suggestion, infuriated the complainant and he went away after scolding the Branch Manager. Complainant took the suggestion of the Manager as insult towards his honesty and faithfulness and thereafter he did not turn up to remit the installment. The complainant is not entitled to get any reliefs as prayed for in the complaint. Hence opposite parties prayed for dismissal of the complaint with cost and compensatory costs.

3. The points that arise for consideration are:

1. Whether there is deficiency in service on the part of opposite parties?

2. Whether complainant is entitled to get compensation, if so, at what amount?

3. Whether complainant and his wife are entitled for refund of the remitted amount?

4. Whether complainant is entitled to get costs?

3. Points (i) to (iv) : In support of the complaint, complainant has filed an affidavit of himself as PW1 and Exts. P1 to P10 were marked. In rebuttal, cashier of the opposite party bank has filed affidavit. The first point requiring consideration is whether there has been deficiency in service on the part of opposite parties. It is not in dispute that complainant has remitted upto 11^th installments. The case of the complainant is that on 7/5/2004 he came to the opposite party bank for remitting the 12^th installment and offered Rs.1,500/- towards installment each in Account No.26 and Account No.27 and for submitting the filled up proforma for the next scheme and offered Rs.500/- towards its 1^st installment scheduled to be bid on 8/5/2004. It has also been the case of the complainant that 2^nd opposite party ignored the complainant while offering to pay the amount towards 12^th installment. 2^nd opposite party did not receive the installment on 7/5/2004 from the complainant and his wife and thereby they could not participate in the next days bid and also to join the next scheme proposed to commence next day. Ext.P1 series are the receipts issued by opposite parties to the complainant and his wife. As per Ext.P1 series, there are 20 receipts, the amount remitted in each receipt comes to Rs.750/-. The said receipts are seen issued in connection with Account Nos. 26 & 27. Ext.P2 is the copy of the letter issued by the complainant to the President of Kazhakkuttom Service Co-operative Bank narrating the negligence, irresponsibility of the cashier of the bank concerned and request for compensation. Ext.P3 is the copy of the letter addressed to the Secretary of Kazhakkuttom Service Co-operative Bank regarding the personal enquiry on complaint lodged by the complainant, Ext.P4 is the copy of postal receipt, Ext.P5 is the copy of the advocate notice dated 18/10/2004 addressed to the Secretary and Casher/Manager of the opposite parties bank. Ext.P6 series are acknowledgment cards, Ext.P7 is the letter issued by Department of Posts to the complainant, Exts.P8 & P9 are copies of the chitty register. As per Ext.P9, one N. Rahuma Beevi has remitted 12 installments commencing from 13/6/2003 to 19/6/2004. On 7/5/2004 the entry made in the register is seen struck off. Thereafter on 19/6/2004, 12^th installment is seen remitted in connection with chittalan No.C.1356. As per Ext.P8, the complainant (chittalan No.1355) has remitted Rs.500/-. Ext.P10 is the copy of the register of the opposite party wherein complainant seen remitted installments from 13/6/2003 to 19/6/2004. On 7/5/2004 the entry made in the said register is seen struck off. Thereafter, on 19/6/2004, 12^th installment is seen remitted. Submission by the opposite party is that complainant on 7/5/2004 came to the bank for remittance of 12^th installment and it was straight away recorded in the register and when it was found short of money, written receipt of remittance was not tendered to the complainant and complainant was asked to bring in balance for getting the receipt written up. This suggestion, infuriated the complainant and he went away after scolding the Branch Manager and complainant came to the bank on 19/6/2004 to remit the 12^th installment and thereafter he did not turn up to remit installments. The specific case of the complainant is that though complainant had offered the amount of 12^th installment, opposite party did not accept it to avoid the complainant's participation in the next day bid. Complainant admitted in his cross examination, that he had remitted monthly installments promptly upto 11^th installments, and that 12^th installment was received by the Secretary and Cashier of the bank when they visited his house.

4. In her cross examination DW1 (2^nd opposite party) has deposed that the entry in Exts.P9 & P10 on 7/5/2004 was made by the attender DW1 has further deposed that "receipt total-ല്‍ വന്ന ccash ഇല്ലാത്തതു കാരണം തുക എടുത്തില്ല''. In opposite parties' version and affidavit it is stated that as per instruction of the complainant, payment was recorded in the chitty register, but he could not pay the amount Rs. 750/- as he has at short of money. Complainant has not furnished the receipts. On a perusal of Exts. P9 & P10 it is found that on 7/5/2004 some entry made in the register is seen struck off. It is pertinent to note that no entry is made on 7/5/2004 in the transaction column, while in prior entries, transaction column is seen filled up. Since transaction column is not seen filled up on 7/5/2004, evidently no transaction was made on 7/5/2004.

5. No evidence is adduced by the complainant to prove otherwise. Complainant has no case that he has applied for refund of remitted amounts. As per available records, opposite parties have received 12 installments of Rs.750/- from the complainants and 12 installments of Rs.750/- each from the wife of the complainant. The wife of the complainant is not a party in this complaint nor has the complainant furnished any material to show that he was authorised to conduct the case on behalf of Smt. N. Rahuma Beevi also. The onus of proving the denial of facility in the scheme by the opposite parties would rest on the complainant. Complainant did not adduce cogent and clinching evidence to substantiate the case against the opposite parties. In view of the foregoing discussions and in the light of evidence available on records, we find there is no substance to attribute deficiency in service on the part of opposite parties. Deficiency in service not proved. Hence complainant is not entitled to get compensation. Since complainant and his wife had remitted 12 monthly installments in A/c No.26 & A/c No.27, and the same was neither objected nor denied by opposite parties, they are entitled for refund of the amounts remitted.

In the result, complaint is partly allowed. 1^st opposite party shall refund the amount remitted (12 installments as per A/c No.26) with 9% interest thereon from the date of the complaint (18/3/2005) to the complainant. 1^st opposite party shall refund the amount remitted as per A/c No.27 with 9% interest thereon from the date of the complaint (18/3/2005) to Smt. N. Rehuma Beevi on her request. There will be no order as to compensation and cost.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 15^th day of June, 2009.

G. SIVAPRASAD,

PRESIDENT

BEENA KUMARI .A : MEMBER

S.K. SREELA : MEMBER

ad.

O.P.No.97/2005

APPENDIX

I. Complainant's witness:

PW1 : A. Kochahamed Pillai

II. Complainant's documents:

P1(series)Receipts dated 5/8/03, 5/8/03, 19/9/03, 17/9/03, 5/11/03, 5/11/03, 5/11/03, 8/12/03, 8/12/03, 9/1/04, 9/1/04, 16/2/04, 16/2/04, 13/3/04, 13/3/04, 10/4/04, 10/4/04, 13/6/03, 13/6/03, 6/10/03.

P2 : Copy of letter to the President, Kazhakkuttom Service Co-operative Bank, Chanthavila

P3 : Copy of letter issued by the complainant to the Secretary, Kazhakkuttom Service co-operative Bank.

P4 : Copy of postal receipt dated 27/9/2004

P5 : Copy of advocate notice dated 18/10/2004

P6 : Acknowledgment card

P6(a) : Acknowledgment card dated 23/10/2004

P7 : Copy of letter No.10-160-698-3290 dated at Trivandrum I the 09/01/2006.

P8 : Copy of chitty register dated 19/6/2004

P9 : Copy of chitty register dated from 13/6/03 to 19/6/04 chittal No.C-1356.

P10 : Copy of chitty register dated from 13/6/03 to 19/6/04 chittal No.C-1355.

III. Opposite parties' witness

DW1 : Geetha

IV. Opposite parties' documents: NIL

PRESIDENT