BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.315/10
Dated this the 11th day of July 2012.
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Smt. Jayasree Kallat, M.A. : Member
Sri. L. Jyothikumar, B.A., LLB. : Member
ORDER
By L.Jyothikumar, Member
The petition was filed on 31.08.10. The case of the complainant is that he was holding an account No.(4312000400705820) with the opposite party. Where in the salary of the complainant was credited by his employer Valayand Devasom. The complainant was under suspension pending enquiry from 22.03.10 and hence Rs.6428/- the duty pay for 21 days, was credited to the account on 03.04.2010. On 05.04.2010, when the complainant approached the bank for withdrawing the amount the complainant was informed by the opposite party that the sum of Rs.6428/- credited on 03.04.2010 has been reversed to the account of the Manager, Valayanad Devasom on 05.04.2010. when the complainant was badly in need of money, he sustained heavy monetary loss and mental agony. The action of the opposite party is reversing the amount to the account of the Manager of Valayanad Devasom on his request amounts to deficiency of service on the part of the opposite party. Hence petitioner is seeking for compensation for mental agony and financial loss suffered by the complainant.
Notice sent to the opposite party was served. Opposite party field version denying the averments in the complaint except those that are expressly admitted. The complainant has no locus standi to file a complaint of this nature nor he is entitled to get any relief as claimed. The complainant is an account holder of the opposite party and the said account is one of the several accounts opened by the employees of Valayanad Devasom for crediting their salaries for payment of the salaries of the Devasom employees. While opening this account, the Devasom has produced the undertaking giving specific authority of the Manager of Valayanad Devasom to open and run the salary account. Amount of Rs.6428/- has been credited to the account of the complainant on 03.04.2010. The said amount was there after reversed on 05.04.2010 for a wrong entry. On the written requisition of the Manager, Valayanad Devasom based on the specific authority given by the complainant to the Manager, Valayanad Devasom to correct the mistake if any in the salary statement which was produced the Bank while opening the account. Opposite party acted based on specific authority given by the complainant to the Manager of the Valayanad Devasom. There was no illegality committed by the opposite party in reversing the wrong entry made in the account of alleged in the complainant. The complainant is bad for non-jointer of necessary party. Hence petition is liable to be dismissed.
The only point for consideration is whether the complainant is entitled for any relief sought in the petition.
Complainant was examined as PW1 and Exts.A1 to A6 were marked on complainant’s side. RW1 was examined on the side of opposite party. No document was marked on the side of opposite party.
The case of the complainant is that he was holding an account with the opposite party where in the salary of the complainant was credited by his employer Valayanad Devasom. The complainant was under suspension pending enquiry from 22.03.10 and hence Rs.6428/- the duty pay for 21 days was credited to the account No.4312000400705820 on 03.04.2010. On 05.04.2010. when the complainant approached the bank for withdrawing the amount, the complainant was informed opposite party that the sum of Rs.6428/- credited on 03.04.10 has been reversed to the account of Manager, Valayanad Devasom on 05.04.10 as requested by him. Ext.A1 letter dated 05.04.10 was issued by the Executive officer of Sree Valayanad Devasom to the opposite party’s Manager itself shows that there was a written request . The amount of Rs.6428/- has been credited to the account of the complainant on 03.04.10. The said amount was thereafter reversed on 05.04.2010 for wrong entry on the part of the Manager, Valayanad Devasom.
At the time of cross examination PW1 himself stated that “ tZh-kzw suspension ka-b¯v Adn-bmsX i¼fwcredit sNbXp F¶v ]d-ªm icn-bmWv. ]n¶oSv Devasom Bank \v information sImSp¯p AXv sXäm-bn-cp-¶p. reversed sN¿Ww F¶v. AXv {]Im-c-amWv reversal \S-¶-Xv.” PW1 himself admitted that the amount was reversed for wrong entry on the part of the Manager, Valayanad Devasom. It was as per the direction of the Manager Valayanad Devasom that the reversal of the said amount has been made by the opposite party.
Forum has verified the documents and looked into all aspects put forward by both sides. The complainant had no right on the said amount because he was under suspension during the period of incident. So he was not eligible for the said amount. There was no illegality committed by the opposite party in reversing the wrong entry made in the account. Complainant has not suffered any loss. Complainant could not prove his case. Hence we are of the opinion that complainant is not entitled for relief.
In the result petition is dismissed being devoid of any merit.
Pronounced in the open court this the 11th day of July 2012.
Date of filing : 31-08-2010
SD/- PRESIDENT SD/- MEMBER SD/- MEMBER
APPENDIX
Documents exhibited for the complainant
A1. Photocopy of letter dt. 5-4-2010 Sent by Executive Officer, Sree Valayanad
Devaswam to the Manager, Punjab National Bank, Kankavu.
A2. Photocopy of letter dt. 3-6-2010.
A3. Photocopy of Regd.Lawyer notice dt. 30-6-2010.
A4. Photocopy of reply notice dt. 12-7-2010.
A5. Bank Pass Book.
A6 (a) Photocopy of Account opening Form
A6 (b) Photocopy of undertaking.
Documents exhibited for the opposite party.
Nil
Witness examined for the complainant:
PW1: Anoopkumar. A.C.
Witness examined for the opposite party.
RW1: M.N. Mohanan Nair, Sr. Manager, Panjab National Bank, Mankavu Branch.
Sd/- President
// True copy //
(Forwarded/By order)
SENIOR SUPERINTENDENT.
