Date of filing: 19-10-2016 Date of order : 10-1-2018
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA, Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
WEDNESDAY 10TH DAY OF JANUARY, 2018
CONSUMER COMPLAINT No. 92 / 2016
T. Amareswari, W/o Nitya Poojaiah,
Hindu, Aged 24 years,
Presently residing at D. No.93-76-1381,
Indira Nagar, Mamillapalli Post,
C.K. Dinne Mandal, Kadapa District. …. Complainant.
Vs.
- The Assistant General manager,
State Bank of India.,
Main Branch, 7 roads circle,
Kadapa-516 001.
- C. Suresh Babu,
S/o C. Venkatesh, Hindu, Aged 20 years,
R/o Utukur Village,
C.K. Dinne Mandal,
Kadapa District.
(the Opposite party no.2 is added as per
Orders in I.A. No.20/2017, dt. 4-5-2017. ….. Opposite Parties.
This complaint coming for final hearing on 3-1-2018 in the presence of Sri K. Vijaya Krishna, Advocate, Kadapa for Complainant and Sri M. Sai Niranjan Babu, Advocate for opposite party no.1 and Sri S. Chandra Sekhar Rao, Advocate for O.P.no.2, and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, Member),
1) The complainant filed this complaint under section 12 of Consumer Protection Act, 1986 (for short herein after called as C.P. Act). The complainant praying this Hon’ble Forum to pass an order against O.P.no.1 and directing the opposite party a)to close the F.D. Account bearing No.35723522697 prematurely for Rs.5,00,000/- and credit the due amount together with the principal amount and interest accrued thereon up to date into the S.B.A/c bearing no.20335576531 lying in S.B.I. 7 Roads, Kadapa, b) to pay an amount of Rs.25,000/- towards compensation for causing deficiency of service c) to pay an amount of Rs.25,000/- towards compensation for causing mental agony and physical strain d) to pay Rs.5,000/- towards costs of the complaint.
2) The complainant had a fixed deposit of Rs.5,00,000/- in the Opposite Party no.1 bank F.D.A/c No.35723522697, Dt. 21-4-2016 for a term of 36 months for the same the O.P. issued original F.D. bond to the complainant. While the complainant was at her in-laws house she lost the original F.D. bond on 29-6-2016, the complainant applied for duplicate bond before the O.P. from 29-6-2016 in spite of her efforts, the O.P. bank had not issued duplicate F.D.Rs on 11-7-2016. The O.P. asked the complainant to submit a suitable order from the competent court of law, then only the O.P. will issue a duplicate F.D.Rs in that letter the O.P. had received a representation from Nitya Poojaiah S/o C. Venkatesh stating that the original Fixed Deposit Receipts are with him and not issued duplicate F.D.Rs to the complainant. Nitya Poojaiah, none other than the husband of the complainant. The act of the opposite party in issuing the duplicate Fixed Deposit Receipts to the complainant is contrary to the R.B.I. guide lines and banking F.D. receipts amount to deficiency of service on the part of the opposite bank. The complainant is claiming pre mature closure of the F.D., the complainant had given a legal notice Dt. 15-8-2016 to the Opposite party and 17-8-2016 for the premature withdrawal of the F.D. amount into S.B. A/c of the complainant within a period of 7 days from the date of receipt of legal notice. The O.P.no.1 had issued a reply notice Dt. 31-8-2016 stating earlier version with clearly amounts to deficiency of service. Hence, this complaint. Proof Affidavit of the complainant filed. Ex.A1 to Ex.A7 filed and got marked on behalf of the complainant and Ex.B1 to Ex.B4 filed ad got marked by the respondents. Written arguments filed by both parties. No oral evidence adduced.
O.P.no.1 filed his counter stating that the complainant and her husband approached the O.P. bank on 21-4-2016 her husband Nitya Poojaiah, has transferred an amount of Rs.5,00,0000/- from his account into the savings account of the complainant and requested the O.P.no.1 bank to deposit under F.D. for 3 years. Accordingly, the amount deposited by the O.P. bank and issued certificates to the complainant and her husband. After some time the complainant approached the O.P. bank and asked for issuing of duplicate F.D. bonds prior to this the complainants husband issued legal notice Dt. 14-6-2016 to the O.P. bank stating that the complainant is harassing him to handover the F.D. receipt to her and she is trying to obtain a duplicate F.D.Rs bond by producing police certificate and other relevant documents etc., to get cancel the Fixed Deposit and to receive the amount from the opposite party bank, for the same the O.P. bank ordered to get a suitable order from court of law as there is no dispute in respect of F.D.R.s bond. The O.P. bank states that they have received an attachment order from Senior Civil Judge Court, Kadapa in O.S. No. 50/2017 that the complainant had availed loan from one C. Suresh Babu, executed a promissory in his favour and kept the Fixed Deposit bond of the complainant towards security as the complainant had not paid the promissory note amount. The said Suresh Babu filed a suit against the complainant and requested the Hon’ble Court to attach amount lying in F.D. A/c of the complainant in the O.P. bank. Hon’ble Senior Civil Judge, Kadapa had attached the amount and issued notice to the O.P. bank. It seems, the complainant had suppressed the above facts and approached the Consumer Forum by filing C.C. No.92/2016 with unclean hands. Hence, the complaint may be dismissed.
Opposite Party no.2 filed written version stating that he had filed a suit against the complaint before the Senior Additional Judge Court, Kadapa in O.S. No.50/2017 and attached the Fixed Deposit Receipt bonds in I.A. No.440/2017 as the complainant borrowed amount from his. Hence, the Hon’ble Forum may dismiss this complaint.
Ex.A1 to Ex.A6 filed on behalf of the complainant and Ex.B1 filed by the opposite party no.2. Evidence affidavit filed by the complainant.
From the above averments these points are taken for consideration:-
- Whether the complainant is eligible for reliefs and compensation as prayed by her or not ?
- Whether there is deficiency of service on the part of the respondent no.1 and 2 ?
- To what relief?
Point No.1 and 2:- As seen from the complaint and written Version of the opposite party no.1. The complainant’s husband Nithya Poojaiah, has transferred an amount of Rs.5,00,000/- from his savings account into the savings account of the complainant and deposited the same under Fixed Deposit for 3 years on 21-4-2016. As per the averments of the complaint, the complainant had lost her F.D. original receipts and applied for duplicate on 29-6-2016 requesting the O.P.no.1 to issue duplicate F.D. Receipts. Ex.A1 is the letter addressed by the complainant to the O.P.no.1. For the above request letter, the O.P.no1 replied under Ex.A2 directing the complainant to submit a suitable order from the competent court of law to issue the duplicate receipts as requested by the complainant. For the same the complainant did not do so, as replied by the O.P.no.1, again the complainant gave a legal notice Dt. 15-8-2016, through her advocate for issuance of the duplicate F.D. bonds by the O.P.no.1 under Ex.A3. For Ex.A3 the opposite party no.1 had replied under Ex.A5 directing the complainant to get suitable order from the competent court of law for issuance of duplicate F.D.Rs. As the opposite party directed the complainant advised to get the suitable order from the competent court of law, the opposite party did not followed the order of the opposite party no.1. O.P.no.2 had filed the certified copy of I.A.No.440/2017 in O.S. No.50/2017 for attachment of the above mentioned F.D.Rs which were kept in the custody of the opposite party no.1. belongs to the complainant on the file of the principal senior civil judge, Kadapa which shows that the complainant had pledged F.D.Rs with the opposite party no.2. She borrowed amount from the opposite party no.2 and executed a pronote in favour of him. The complainant failed to repay the amount and the O.P.no.2 had filed a suit O.S.No.50/2017 before the Principle Senior Civil Judge Court, and got the order of attachment of the complaint mentioned F.D. bonds. It is very clear from the averments of complaint and written version filed by the opposite party no.1 and O.P.no.2 that the original F.D.Rs are not misplaced by the complainant and they are pledged with the O.P.no.2 towards security for the amount borrowed by the complainant with O.P.no.2. Simultaneously, the complainant failed to repay the amount borrowed from O.P.no.2. O.P.no.2 proceeded legally and filed O.S. No.50/2017 i.e., Ex.B1 before the Hon’ble Principal Senior Civil Judge Court, Kadapa and attached the amount kept in the form of F.D.Rs with O.P.no.1 in I.A. No. 440/2017 under Ex.B1. There is a Civil Case pending in the court it seems there is litigation in the above matter, “Lispense” is there, so, it needs lot of evidence. This is not the right forum to lead much evidence for trial, this is a summary trial forum. So, it is very clear that the F.D.Rs were not misplaced and they were kept under security with O.P.no.2 for the money borrowed by the complainant from O.P.no.2. In the above circumstances, complainant is not liable for any duplicate F.D.Rs and other reliefs prayed by her in the complaint. At the same time there is no deficiency of service on the part of the opposite party no.1. Accordingly, point no.1 and 2 are answered herewith.
Point No.3:- In the result, the complaint is dismissed without any costs.
Dictated to the Typist, transcribed by him, corrected and pronounced by us in the open forum, this the 10th day of January, 2018
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
Witnesses examined for the Complainant: NIL
Witnesses examined for the Opposite party: NIL
Exhibits marked for Complainant : -
Ex: A1:- P/c of the letter dt. 29-6-16 addressed to the opposite party by the
complainant in person.
Ex: A2:- Reply letter dated 11-7-2016 given by the opposite party to the
complainant.
Ex: A3:- O/c of the legal notice dt. 15-8-2016 sent by the complainant to the
opposite party.
Ex: A4:- Postal Receipt Dt. 17-8-2016.
Ex: A5:- Reply letter dated 31-8-2016 given by the opposite party along with the
enclosures thereon.
Ex: A6:- Letter dt. 6-3-2017 given to S.P. office, Kadapa by the complainant.
Exhibits marked on behalf of the Opposite parties: -
Ex: B1:- Certified copy of O.S. No.50/2017 in I.A. No.44/2017 Principal Senior
Civil Judge Court, Kadapa.
MEMBER PRESIDENT
Copy to :-
- Sri K. Vijaya Krishna, Advocate, Kadapa.
- Sri M. Sainiranjan Babu, Advocate, Kadapa.
- Sri S. Chandra Sekhar Rao, Advocate, Kadapa.
& & &
P.R.
