Karnataka

Bidar

CC/19/2014

RACHEPPA S/O BASAVARAJ BIRADER - Complainant(s)

Versus

THE BRANCH MANAGER SBH BRACH BHALKI - Opp.Party(s)

KESHAV RAO .H

17 Sep 2016

ORDER

::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

AT BIDAR::

 

 

                                                                                                         C.C.No. 19/2014

 

                                                                                          Date of filing : 14/03/2014

 

                                                                                       Date of disposal : 17/09/2016

 

 

P R E S E N T:-                    (1) Shri. Jagannath Prasad Udgata,

                                                                                         B.A., LL.B.,

                                                                                                       President.

    

                                              (2) Shri. Shankrappa (Halipurgi),

                                                                                 B.A.LL.B.,

                                                                                           Member.

 

                                   

 

                                               

COMPLAINANT/S:              Rachappa, s/o Basavaraj Birader,               

                                         Age 29 years, Occ: Lecturer,

                                         R/o Honnalli, Post: Morambi,

                                         Tq.Bhalki, Dist.Bidar.

 

              

 

 

                                         (By Sri. Keshavrao H. S., Advocate )

 

 

                                                      VERSUS

 

OPPONENT/S   :-                   The Branch Manager,

                                         State Bank of Hyderabad,

                                         Branch Bhalki.

 

 

 

 

 

                                         (O.P. By Sri. R.K. Ganure, Advocate)

                                                

::   J UD G M E N T  : :

 

 

 

By Shri. Jagannath Prasad Udgata, President.

 

              The complainant has filed this case U/s.12 of the C.P.Act, 1986 alleging as hereunder:-

 

2.            That, he and his father hold joint account with the O.P. Bank vide a/c no. 62063597320.  Later, he has applied for an Education loan to prosecute further studies in M/s B.N. Bahadur Institute of Management Science, Manasagangothri, Mysore and the loan amount of Rs. 48,645/- was sanctioned in his favour vide A/c no. 62065105430 and he has repaid the amount with agreed interest.  Thereafter, the complainant had applied for a further loan of           Rs. 36,000/- to procure a laptop by submitting the quotation of one M/s Apple Green computer, Bhalki.  It is the say of the complainant that, the O.P. Bank first sanctioned a loan of Rs.36,000/- apropos to the application and generated a D.D. for like amount in favour of M/s Apple Green Computers, but later abruptly without any interaction, with or intimation to the complainant cancelled the D.D. and issued a Bankers cheque for the like sum favouring an unknown entity M/s Dhananjaya dealers on 13-10-2008.  The Bankers cheque was encashed by the beneficiary and the account of the complainant was debited vide the amount of the B.C. on 26/08/2008 as would be seen from the A/c statement produced as Ex.P.2 in the case.  It is seen from the same document that, the complainant had remitted a sum of Rs. 51,000/- to the O.P. Bank on different dates.  We also see that, dues are outstanding against the complainant from the previous loans( which is not a subject matter of the case here). 

 

  3.               The complainant further claims that, he came to know about the hanky panky of the O.P. bank during 2013, by which time he had never received the purported Laptop and thereafter had appraised the Bank about the dis service vide a letter dt. 12-08-2013  ( Ex.P.4).  Thereafter, he had approached the A.G.M. of the O.P. Bank of Gulbarga (Ex.P.5) for which, he was advised to clear the outstanding barring the amount of Rs. 36,000/-.  In the meantime, the Bank had issued letter seeking clarification from the third party beneficiary Sri. Dhanajnay on 24-08-2013 (Ex.P.3) and on 07-10-2013, without any substantiation issued a letter to the complainant, claiming that, said Dhananjaya had delivered the Laptop to the former.(Ex.P.6.)

 

4.                The complainant then got issued a legal notice on 20-01-2014 ( copy as Ex.P.8 and postal receipts as Ex.P.9 & P.10) refuting the bank’s claim over the captioned amount of Rs. 36,000/- and when nothing moved further is before this Forum seeking justice, cost and compensations.

 

5.                   Entering appearance after Court notice, the O.P. bank had filed belated versions with permission with labyrinthic averments.  In the version it is claimed as follows:-

             a)  The complaint is time barred and should be dismissed       

                    with costs.

             b)   Without clarifying anything about the statusquo of the

                    shadow boxer, Dhananjaya, the O.P. bank claims that

                    indeed, a sum of Rs. 36,000/- was sanctioned to the

                    complainant to purchase laptop ( note book P.C.) and he

                    must pay that sum.

 

6.            Only the complainant had filed documents in support of his case, listed at the end of this order and also written arguments.

 

7.         We have heard both sides in de tail and from their arguments, the following points arise for our consideration:-

 

 

1.  Is  the case time barred as  claimed by the O.P. Bank?

 

2. Is the O.P. Bank entitled to collecte Rs. 36,000/- being the cost of the Laptop/note book P.C. from the complainant?

 

3. What order ?

 

 

 

 

 

 

8..           Our answers to the points stated above are as follows:-

               1. In the negative

               2. In the negative.

               3. As per the final order, for the following:

 

 

                                                                                                       :: REASONS ::

 

9.             Both the sides are in agrrement about the first study loan of Rs. 48,645-00 during the year 2008/-.  The dispute is about the second alleged loan of Rs. 36,000/- which was through sanctioned during the year 2008, was paid to a non entity by name Dhananjaya as per the whims and fancies of the bank, ignoring the quotation submitted by the complainant from M/s Apple Green computers, Bhalki (Ex.P.1).  This unsavoury, unauthorised act was done behind the back of the complainant, and coming to know of the fiasco, he had taken up the matter with the Bank as well as the higher ups during the year 2013 and then sent a legal notice on 20-01-2014, without any tangible result, for which he had filed the complaint on 14-03-3014.  Hence, the claim of the O.P. that, the case is time barred being hollow is set aside and we answer the point no.1 in negative.

 

10.              As discussed supra, the complainant had opted to avail a loan of Rs. 36,000/- to procure a Laptop/note book P.C. and had filed quotations from M/s Apple Green Computers(Ex.P.1).  His claim that, in initio a D.D. favouring M/s Apple was prepared, later cancelled unilaterally by the Bank and theareafter was paid to Mr.Dhanajaya remains undisputed.  Under what considerations the O.P. Bank went over board to oblige a third party non-entity Mr.Dhananjaya has not been clarified at any point of time.  The entire actions of the Bank stink of unusual gratification at the level of the Branch Manager, and the management of the bank should contemplate collecting the amount from the official or take any steps necessary for the purpose.  We conclude that, the O.P. bank has resorted to unfair trade practice as defined in section 2(r) of the C.P.Act, 1986 and should be left to suffer it’s own adventurism and hence answer the point no.2 in the negative and proceed to pass the following:

 

ORDER

 

1.  The complaint is allowed.

 

2.  The  O.P. Bank is hereby forbidden to claim, demand or collect the same of Rs. 36,000/- towards the cost of the laptop/note book P.C. or  it’s interest from the complainant perpetually.
3. The matter of outstanding study loan granted if unresolved would not be touched by us due to lack of jurisdiction.

 

4. The O.P. Bank is herewith saddled to pay a compensation of Rs. 5,000/- and a further sum of Rs. 5,000/- towards litigation expenses.

           

 

             Four weeks time granted to comply this order.

 

 

( Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 17^th day of  September-2016 )

 

 

           Sd/-                                                                Sd/-

Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

         Member.                                                                President.

 

 

 

Documents produced by the complainant

1. Ex.P.1- Quotations of M/s Apple Green computer dt. 09/07/2008.
2. Ex.P.2- A/c statement of the O.P. Bank.
3. Ex.P.3- Letter of the O.P. Bank of Sri.Dhananjaya dt.24-08-2013.
4. Ex.P.4- Letter of the complainant dt.12-08-2013 to the O.P. bank dt.17-09-2013.
5. Ex.P.5- Letter of the complainant to the A.G.M. of O.P. Bank dt.17-09-2013.
6. Ex.P.6- Letter of the O.P. Bank (original) dt.07-10-2013 to the complainant.
7. Ex.P.7- Copy of Bank pass book ( front page).
8. Ex.P.8-Copy of legal notice of complainant dt.20-01-2014.
9. Ex.P.9-Postal receipt of legal notice dt.20-01-2014.
10. Ex.P.10-Postal acknowledgement form of above.

 

 Document produced by the Opponent/s

 

Nil  

 

 

           Sd/-                                                                Sd/-

Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

         Member.                                                                President.