Karnataka

Bidar

CC/13/2017

Revanappa S/o Narasappa Melakunde - Complainant(s)

Versus

The manager DCC Bank Ltd - Opp.Party(s)

Arjunrao Dange

19 Aug 2017

ORDER

 

 

::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::

                                                               C.C. No.13/2017

                                                                          Date of filing: 04.02.2017

                                                                   Date of disposal: 19.08.2017

 

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:      1)    Revanappa S/o Narsappa Melkunde,            

                                                Age :75 years,Occ: Pensioner Retd. as

                                                ARCS and Chairman-Dr.B.R.Ambedkar Bhavan,

                                                Construction Committee, Naubad, Bidar

                                                R/o H.No.17-2-237, Gandhi Nagar Colony,

                                                Bidar.

 

                                       2)     Gopalrao Lade S/o Gundappa Lade,

                                                Age : 73 years, Occ : Pensioner & Treasurer,

                                                Dr. B.R. AmbedkarBhavan Construction                               

                                             Committee      Naubad, Bidar,

                                                R/o LIG No.37, Hudco, KHB Colony,

                                                Bidar.

                       

                   (By Sri. Arjun Rao Dange,  Adv.)

 

                                                          VERSUS

 

OPPONENT/S:                      The Manager,

                                                DCC Bank Limited,

                                                Head Office, Near Basaveshwar Chowk,

                                                Hyderabad Road,

                                                Bidar.

  

                                        (By Sri. Sanjayakumar S.Patil, Adv.)

 

 

 

 

 

 

 

 

::   J UD G M E N T  ::

 

By Shri. Jagannath Prasad Udgata, President.

 

1. The complainant is before this Forum alleging deficiency of service in the part of the O.P by filing a complaint U/s.12 of the C.P. Act., 1986.

 

2. The sum total of the case of the complainant is as hereunder:

                        The complainants.1 and 2 being Chairman and Treasurer of the Dr. B.R. AmbedkarBhavan Construction Committeeaccepted the donations from the general public especially from Scheduled Caste community, and the said amounts were kept in Fixed Deposits in the joint name of the complainants vide FD certificate No.004652 for Rs.40,742/- on 31.12.2008, maturity was on 30.11.2010 for maturity amount of Rs.49,911/-, FD No.004655for Rs.38,067/-on 31.12.2008, maturity was on 30.11.2010 for the maturity amount of Rs.46,634/-, FD No.004654 for Rs.50,074/- on 1.1.2009, maturity was on 1.12.2010 for maturity amount of Rs.61,344/- and FD No.004653 for Rs.48,538/- on 11.1.2009, maturity was on 11.12.2010 for maturity amount of Rs.59,462/- and the same were renewed periodically.   The O.P bank is bound to render services towards the complainant being the consumers.   Total maturity comes to Rs.2,84,260/- up to the year 2013 only.  All the above said FD certificates are due to be liquidated for their maturity sum on due dates of maturity.  The complainants approached requesting the O.P to liquidate the FD certificates and filed a discharge requisition and receipt of which the O.P acknowledged on 30.1.2017 and issued an endorsement on dated 01.02.2017 not considered as the claim of the FD certificates is in dispute in CC No.93/2016 before the Forum.   It is submitted by the complainants that, at the time of requisition of issue of FD certificates, the complainants herein have signed and filed application duly putting in specimen signatures of the complainants on behalf of the committee and by verifying, accepting the same, the O.P issued FD certificates.  Issuance of said endorsement by the O.P amounts to unfair trade practice and deficiency in service on the part of the O.P.   The complainants on behalf of the committee are responsible for the construction of AmbedkarBhavan and the said FD certificates are renewed only up to the 2013 and beyond the 2013 the same are due to be renewed and liquidated with accrued interest thereon upto date.   Hence, the complaint for direction to O.P. to release the FD amounts etc.

 

3. The Opponent entering into defence on receipt of Court notice, had filed version denying the contents of complaint, contending that,earlier the complainant was the President of Dr. B.R. AmbedkarBhavan and collected the donations from general public and deposited the amount with the O.P, but there is a serious dispute in respect of withdrawal of amount from O.P, subject to proof(s) of their position due to counter claim in C.C.No.93/2016 of said deposited amount.  So it appears, the dispute in respect of Chairman of Dr. B.R. AmbedkarBhavan Constructions Committee, hence it is civil in nature.   The complainants have deposited the FD in the O.P bank and they have right to claim the amount subject to prove their position as Dr. B.R. AmbedkarBhavan Constructions Committee.  The O.P is ready to pay as directed by the Forum.   The complainants have never produced any original FDr Certificate;

1. F.D. Certificates, Receipt book, cash book for having collected contribution in the name of Dr. B.R.AmbedkarBhavan Construction Committee Naubad.
2. Cash book and Audit reports for the period from 1991 upto 31.03.2011.

 

4. The complainants without submitting the above documents, made frequent representation and the O.P each and every time, replied the complainant.    Further, there is a dispute in the committee between the complainant before the Forum in C.C.No.93/2016, therefore, the O.P presuming that there is severe dispute in the committee regarding withdrawal of amount and further the said dispute went to Police New Town Bidar regarding the FDR amount and after investigation the police have given endorsement to complainant on 30.3.2016 to settle the matter in the competent civil court.  The O.P has right to pay the FDR amount, who are holding the deposit certificate subject to proof of their position in the committee, so it is a case of civil in nature for adjudication of right person to receive the deposit amount.   The O.P has to protect the interest of the depositors and their consumers.   There is no deficiency in service on the part on the part of the O.P.   The complainants are not consumers.  Hence, the O.P pray to dismiss the complaint with cost.

 

5. The complainant has filed documents, detailed at the end of this order, so also the complainant has filed evidence affidavit justifying his side.  Both were heard in length.

 

 

6.         Considering contention of the complainant, the following points arise for our consideration:-

 

1. Whether the complainant has proved that there is deficiency in service on the part of the O.P.?
2. What order?

 

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

 

1. In the Negative.
2. As per final orders owing to the following:

 

                                             :: REASONS ::

 

8.         Point No.1 :- In the instant case, the O.P. Bank has refused to entertain the claims of the present complainant for receiving the maturity value of the F.D.s. on the rightful ground that, another person by name
Sri. Shivalingappa Kange was claiming the same proceeds and has approached the Forum inc.c.No.93/2016.

 

9.         On the surface of the matter, it is crystal clear that,  funds were collected by a committee from the public for utilisation of a public purpose.  It was stated at the Bar that, such committee was not a registered one.  Now, it is up to the office bearers of the committee to establish their credentials to claim the amount and when there are two rival claimants, the O.P. bank was justified in refusing the payments and seeking production of documents to ascertain the real beneficiaries.  Thereby we hold that, the complainants have failed to establish the culpa of the O.P. bank and answer the point No.1 accordingly.

 

10.       Point No.1 :- As on today, we have dismissed the counter complaint in C.C. No. 93/2016.  Unfortunately both the feuding groups are trying to get a declaratory relief from this Forum for which we are not legally empowered and thence we proceed to pass the following:

 

                                                :: ORDERS ::

 

1. The case is dismissed as not proven.
2. There would be no order as to cost or otherwise.

           

           

(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 19^th day of August-2017)

 

 

 

Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

Member.                                                                President.                                                                                         

                                                                         

 

 

 

Documents produced by the complainant

1. Ex.P.1-  Complainants’ letter of discharge date: 30.01.2017.
2. Ex.P.2- endorsement of the O.P. date: 01.02.2017.
3. Ex.P.3- Copy of cash certificate No.004652.
4. Ex.P.4- Copy of remittance letter of complainant.
5. Ex.P.5- Copy of cash certificate No.004653.
6. Ex.P6- Copy of remittance letter of complainant.
7. Ex.P.7- Copy of cash certificate No.004654.
8. Ex.P.8- Copy of remittance letter of complainant.
9. Ex.P.9-Copy of cash certificate No.004655.
10. Ex.P.10- Copy of remittance letter of complainant.
11. Ex.P.11- Copy of resolution of second meeting date: 02.08.2015.
12. Ex.P.12- Copy of letter date: 02.08.2015 of SC/ST/BCM Govt.  

                employees Housing Co. op. society Ltd. in address of  

                G.G.Lade.

13. Ex.P.13 to P.16- Certified copies of remittance letters.

             

 Document produced by the Opponent.

 

                  -Nil-

 

 

Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

       Member.                                                                      President.