P.S. Srisailam,
S/o. Late. P. Srinivasaraghavachari, Complainant
New No.59, Old No.20, Arundale Street,
Muylapore, Chennai – 600 004.

Vs

1. Industrial Development Bank of India,
Plot No.82/83, Road No.7,
Street No.15, MIDC, Andheri/East,
Mumbai – 400 093.

2. Industrial Development Bank of India, Opposite parties
37, C.P. Ramasamy Road, Alwarpet,
Chennai – 600 018.

3. The Branch Manager,
State Bank of Mysore,
Santhome Branch, 164, Kutchery Road,
Muylapore, Chennai – 600 004.


Date of Complaint 02.08.2006

M/s.K.V. Rajan & K. Suresh Kumar : Advocate for the complainant

M/s.N.K. Sriraman & K. Sivasakthivel : Counsel for the opposite parties 1 & 2

Mr. R. Ravichandran : Counsel for the opposite party-3.

O R D E R

THIRU. P. ROSIAH, PRESIDENT

Complaint filed under section 12 of the Consumer Protection Act, 1986.

1. The case of the complainant is briefly as follows:

The complainant deposited a sum of Rs.50,000/- with the 1st opposite party bank for the period of 5 years and the bank had agreed to pay the half yearly interest at the 1st January and July and that the interest will be credited with the State Bank of Mysore , Santhome Branch where the complainant had savings bank account. The interest amount of Rs.2000/- for half year for lthe period of 1.1.2004 to 30.06.2004 was not credited to the complainant’s account with the State Bank of Mysore, Santhome Branch. When contacted the 1st and 2nd opposite party have replied that the amount had been credited on 01.07.2004 with the State Bank of Mysotre, Santhomde Banch. But, the complainant did not receive credit advice from the 3rd opposite party. He wrote letters to the 2nd opposite party. But there was no reply. Finally, the 3rd opposite party credited the interest amount only on 21.09.2006 because the amount had wrongly credited to some other account and it was reversed subsequently. The non credit of the amount by the opposite parties amounts to deficiency in service. Hence, the complainant has filed this complaint for the interest unpaid and Rs.10,000/- as compensation for mental agony and Rs.3000/- as costs of the complaint.



2. The opposite parties 1 and 2 filed version and contended inter alia that the interest of Rs.2000/- was promptly deposited in the bank account of the complainant on 01.07.2004. The opposite parties account reflected the entry to that effect. The opposite parties verified the SB account with the State Bank of Mysore, Santhome Branch and found that an amount of Rs.2000/- was credited to another party’s account in stead of complainant’s bank account and it was reversed and credited the interest of Rs.2000/- to the complainant’s account on 21.09.2006. Therefore, there is no deficiency in service on the part of the opposite parties 1 and 2.



3. The 3rd opposite party filed version and contended inter alia that the interest amount received by the 3rd opposite party on 01.07.2004 was credited wrongly to some other account. On receipt of the complainant’s letter, the opposite party verified the accounts and the mistake was rectified and the interest amount of Rs.2000/- was credited in the account of the complainant on 21.09.2006. It was only due to inadvertence and there was no deficiency in service.



4. Proof affidavits have been filed by both the complainant and the opposite parties. Exhibits A1 to A10 were marked on the side of the complainant. Exhibit B1 was marked on the side of the opposite parties.



5. The points that arise for consideration are;-
1) Whether there is any deficiency in service on the part of the
opposite party?
2) To what relief the complainant is entitled to?




6. Point No.1: The complainant deposited Rs.50,000/- with the 1st opposite party bank with interest at 8% and that the 1st opposite party agreed to deposit half yearly interest in the savings bank account of the complainant in State Bank of Mysore. Ex A1 is the certificate issued by the 1st opposite party. Ex A2 is the acknowledgement of nomination. Ex A3 is the interest credit advice in which the complainant was advised by the 1st opposite party that the interest for the period from 01.01.2004 to 30.06.2004 was sent to State Bank of Mysore, Santhome Branch on 01.07.2004. But, the complainant, on verification found that the amount was not credited and requested the 1st opposite party to verify and intimate the date of credit in the State Bank of Mysore, Santhome Branch. But there was no reply. Exs A5 and A6 are the letters written by the complaint to the 2nd Opposite party regarding the non receipt of the interest. As per Ex A6, the complainant wrote a letter to the 1st opposite party informing that the amount of interest of Rs.2000/- was not credited in his bank account. By letter dated 25.01.2006 (Ex A7) the 3rd opposite party informed the complainant that the interest has not been received but as per Ex A8, the 1st opposite party again confirmed the complainant that the amount has been credited in the 3rd opposite party bank. Finally, by letter dated 21.09.2006, the 3rd opposite party informed the complainant that the amount of Rs.2000/- was credited in the account of the complainant on 21.09.2009. The letter would further state that the amount of interest was credited to other party’s account in stead of complaint’s account and it was reversed only on 21.09.2006 and credited into the complainant’s account. But, they have also regretted for inconvenience caused to the complainant. On perusal of the documents, we are of the considered opinion that it is the clear case of the deficiency in service on the part of the 3rd opposite party. Admittedly, the 1st and 2nd opposite parties have sent interest amount to the 3rd opposite party on 01.07.2004 but it was wrongly credited in some other account by the 3rd opposite party. Hence, we do not find any deficiency in service on the part of the opposite parties 1 and 2. But, there is no deficiency in service on the part of the 3rd opposite party.



7. Point No.2: In the result, the complaint is allowed as against the opposite party-3 and dismissed as against the opposite parties 1 and 2. The opposite party-3 is directed to pay interest at the rate of 12% per annum from 01.07.2004 to 20.09.2004 on Rs.2000/- and also Rs.5000/- as compensation for mental agony and Rs.3000/- as cost of the complaint to the complainant within six weeks from the date of receipt of copy of this order, failing which the amount shall carry interest at the rate of 9% per annum till the date of payment.