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, LADY MEMBER
SRI M.V.R. SHARMA, MEMBER
Wednesday, 3rd August 2016
CONSUMER COMPLAINT No. 99 / 2015
Yerramsetty Ramachandraiah, S/o Venkata Subbaiah,
aged 50 years, Hindu, Proprietor Tirumala Timber Depot,
Old Busstand, Rajampet town, Kadapa District. ….. Complainant.
Vs.
1. The Regional Manager, S.B.I. Regional Office,
Royal Nagar, Tirupathi, Chittoor district – 517501.
2. The Chief manager, State Bank of India, ADB, Rajampet,
R.S. Road, Rajampet, Kadapa District.
3. The Regional Manager, SBI Regional Office, Jeevandeep Building,
1 Middleton Street, Kolkata (Calcutta), West Bengal – 700071.
4. The Chief Manager, State Bank of India, ELGIN Road,
9-3-Chowringhee Road, Kolkata (Calcutta), West Bangal.
5. Mr. Ganesh Yadav, S/o not known, Major, R/o 26-B,
Ahsutosh Mukarji Road, Kolkata (Calcutta), West Bengal. ………Respondents
This complaint coming on this day for final hearing on 27-7-2016 in the presence of Sri V. Uma Maheswara Rao, Advocate for Complainant and Sri S.S.D. Rama Swmay, Advocate for R2 and R1, R4 and R5 called absent and set exparte on 9-2-2016 and R3 is dismissed on 10-3-2016 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, Member),
1. Complaint filed under section 12 of C.P. Act 1986.
2. The brief facts of the complaint are as follows:- It is submitted that the Complainant is the proprietor of Tirumala Timber Depot at Rajampet and has been doing timber since 20 years. The Complainant is the regular customer of R2 bank and he is having business dealings with the bank during the course of business the Complainant used to make payments to his stock suppliers by sending amounts through R2 bank. In this connection on 9-1-2014 the Complainant went to R2 bank and deposited cash of Rs. 2,00,000/- in favour of AJEET and Company Mumbai vide its account No. 20059415135 and requested the concern clerk to adjust the said amount under RTGS service and R2 bank has issued receipt to that effect acknowledging for receipt of said amount.
3. Subsequently, the Complainant has received information from stockiest i.e. Ajeet and company, Mumbai that the above said amount has not adjusted to its account. On that the Complainant has approached the R2 bank and stated that the amount which he sent has not adjusted to the account of Ajeet and company then the R2 bank verified the records and replied that the said amount Rs. 2,00,000/- has wrongly credited in to account of R5 by name Ganesh Yadav, resident of Calcutta who operating his account with R3 bank instead of Ajeet and company account. Subsequently the Complainant made several oral requests to R2 bank to return his amount Rs. 2,00,000/- which wrongly credited in R5 account by taking necessary steps, but no action taken by R2 bank. Finally on 27-3-2014 the Complainant has issued a notice requiting that to take action in the matter and to return his amount of Rs. 2,00,000/- in spite of receiving the legal notice R2 bank neither return the amount to the Complainant nor issued reply.
4. It is further states that the Complainant has lost good will in the market and sustained loss in the business due to wrong committed by R2 bank and got much mental agony. It is submitted that the Complainant states that the R2 bank willfully not return the amount of Rs. 2,00,000/- on some pretext or other, even after making several oral requests and issued notice by the Complainant which shows clear deficiency in service. The R2 bank is situated at Rajampet, Kadapa district within the jurisdiction of the Hon’ble forum, Hence, this forum got jurisdiction to entertain the Complaint.
5. It is therefore, prayed that the Hon’ble forum may be pleased to direct the Respondents (a) to pay a sum of Rs. 2,00,000/- towards claim along with interest at 24% p.a. from the date of deposit i.e. on 9-1-2014. (b) to pay a sum of Rs. 5,000/- towards expenses of complaint, (c) to pay an amount of Rs. 50,000/- towards deficiency of service of the Respondents and (d) to pay an amount of Rs. 50,000/- towards mental agony in the interest of justice.
6. Counter filed by R2 that the Complainant filed by the Complainant is bad, unjust, frivolous and not maintainable either in law or on facts of the case. The Complainant is put to strict proof of all the allegations gave those which are expressly admitted herein by this Respondent. It is a fact that the Complainant is the proprietor of Tirumala Timber depot, Rajampet. It is true that the Complainant is the customer of this respondent. The allegations that the Complainant on 9-1-2014 visited this respondent bank and deposited Rs. 2,00,000/- in fvour of Ajeet and company, Mumbai vide its account No. 20059415135 and requested the concerned clerk to adjust the said amount under RTGS and that this respondent bank has issued receipt to that effect acknowledging the receipt of said amount etc., are all false, frivolous and pressed in to service for the purpose of this vexatious complaint. It is pertinent to mention here that the Complainant has given withdrawal form on 9-1-2014 by requesting the R2 bank to debit Rs. 2,00,000/- from his savings bank account and along with the said withdrawal from he has also given another pay in slip requiting the bank to adjust the said amount of Rs. 2,00,000/- in to S.B. Account No. 20059415135 belonging to Ganesh Yadav. The Complainant himself got filled withdrawal from as well as pay in slip which contain his signatures. The clerk who received the withdrawal form as well as pay in slip immediately debited Rs. 2,00,000/- from the account of the Complainant and credited the same in to the account of Ganesh Yadav as per the request of the Complainant. Since the account bearing No. 20059415135 pertains to State bank of India the clerk immediately transferred the said amount of Rs. 2,00,000/- in to the account of Ganesh Yadav by debiting the account of Complainant. Hence, the transaction of transfer of amount of Rs. 2,00,000/- from the account of Complainant into the account of Ganesh yadav was only done as per the request of the Complainant alone. The Complainant has not asked this respondent bank to transfer the amount under RTGS and the Complainant for the purpose of present complaint falsely contending that the asked the bank to transfer the amount under RTGS. The alleged counter foil produced by the Complainant is in different handwriting and the Complainant has pressed into service of the same with sinister design.
7. The allegations that the Complainant has received information from his stockiest i.e. Ajeet and company, Mumbai, that the amount has not been adjusted to its account etc., are all false, frivolous and blatant lies. The further allegations that the Complainant approached this respondent bank and that the amount was wrongly credited into the account of R5 by name Ganesh Yadav of Kolkata etc., are all false, frivolous and coined for the purpose of this unjust complaint. The remaining allegations mentioned in para No.s. 3 & 4 of the complaint are all false and wanton concoctions.
8. The Complainant is stopped from claiming that this Respondent bank has wrongly credited the amount of Rs. 2,00,000/- in to the account of R5 as the Complainant himself requested this respondent bank to credit the said amount into the account of R5. This Respondent bank has not committed any mistake as alleged by the Complainant with dishonest intention making wild allegations against it.
9. This respondent bank submits that the transaction has been put through only at the request of the Complainant. It is false to say that this respodnentbank has not taken any action. As a matter of fact this Respondent bank has acted at the request of the Complainant on 6-3-2014 by holding the account of R5. By that date the entire amount had been withdrawn by R5 from his account. In the alleged counter foil produced by the Complainant the account number is mentioned as 200594151335 and on the backside of the said counter foil the name of Sri Ganesh Yadav, Kolkata is mentioned. The Complainant has fabricated the alleged counter foil by changing the name of customer as Ajeet and company, Mumbai with different handwriting.
10. This Respondent bank submits that it has not committed any deficiency of service much less the deficiency of service alleged by the Complainant. This respondent bank is one of the biggest banks in India and it always protects the interests of its customers. As this Respondent bank has not committed any deficiency of service the question of refund of Rs. 2,00,000/- with interest at 24% does not arise, this Respondent ban is also not liable to pay Rs. 5,000/- towards expenses and Rs. 50,000/- towards deficiency of service and Rs. 50,000/- towards mental agony to the Complainant as it has not committed any deficiency of service. By no stretch of imagination the Complainant is entitled to the reliefs sought for by him. The instant complaint is highly vexatious and it is liable to be dismissed din limini.
11. This Respondent bank therefore, prays that this Hon’ble forum may be pleased to dismiss the complaint with exemplary costs in the interest of justice.
12. R1, R4 and R5 called absent and set exparte on 9-2-2016.
13. R3 is dismissed on 10-3-2016.
14. On the basis of the above pleadings the following points are settled for determination.
- Whether the complainant is eligible for compensation as prayed by him or not?
- Whether there is negligence or deficiency of service on the part of the Respondents or not?
- To what relief?
15. On behalf of complainant Exs. A1 to A7 and on behalf of Respondent No. 2 Exs. B1 & B2 documents were marked.
16. Point Nos. 1 & 2. It is very clear from Ex. B2 that the Complainant had mentioned in credit voucher for the credit of Ganesh Yadav account credited an amount of Rs. 2,00,000/- dt. 9-1-2014. Ex. B1 is debit voucher shows that the Complainant had debited the amount. As seen from documents on record and evidence filed by the Complainant it is very clear that the Complainant has not mentioned about the bank of Maharashtra where the Ajeeth and company, Mumbai had its account. In the complaint also there is no whisper Ajeeth and company, bank of Maharashtra, Mumbai. At the time of arguments the Complainant’s counsel stated that Ajeeth and company, Mumbai had its account at Bank of Maharashtra. But the documents on record filed by the Complainant did not shows anywhere about Ajeeth and company it was account at Bank of Maharashtra and the amount send by the Complainant Rs. 2,00,000/- from Rajampet SBI branch has to be credited in to account of Ajeeth and company Mumbai in bank of Maharashtra. So it is very clear negligence on the part of the Complainant himself. When we are doing transactions with bank should be very clear in mentioning the branch of the bank, city and RTGS number etc., procedure prescribed by the banks. The Complainant did not do so. So, very negligence on the part of the Complainant himself. As seen from the complaint, counter and documents filed on record there is no deficiency of service on the part of R2 bank. So in these circumstances the Complainant is not eligible for any compensation as prayed by him at the same time there is no deficiency of service or negligence on the part of R2 bank. In these circumstances the compliant is dismissed against the Respondents.
17. Point No. 3. In the result the complaint is dismissed without costs.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 3rd August 2016.
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Respondents : NIL
Exhibits marked for Complainant: -
Ex: A1 Original Receipt (counter foil) issued by the SBI ABD Rajampet branch, dt.09-01-2014.
Ex: A2 P/c of statement of Account of R4 period from 09-01-2014 to 06-03-2014.
Ex: A3 Legal notice Dated 27-03-2014,
Ex: A4 Acknowledgement card.
Ex: A5 Counter foils 3 in number pertaining to the Axis Bank Rajampet Branch, Dt. 12-12-2013, 7-2-2014 ad 18-3-2014.
Ex: A6 Remittance Advice 4 in numbers stands in the name of Complaint issued by Axis Bank, Rajampet Branch, Dt. 5-7-2016.
Ex: A7 Bank Statement Ramachandraiah, (Complaint) (issued by Axis Bank, Rajampet 3 in numbers.
Exhibits marked on behalf of the Respondent No. 2.
Ex:B1 Savings withdrawal form , Dt. 9-1-2014 submitted by the complainant.
Ex:B2 Credit voucher dated 9-1-2014 submitted by the complainant.
MEMBER MEMBER PRESIDENT
Copy to :-
- Sri V. Uma Maheswara Rao, Advocate for complainant.
- Sri S.S.D. Ramaswamy, Advocate for R2
- The Regional Manager, S.B.I. Regional Office, Royal Nagar, Tirupathi, Chittoor district – 517501.
- The Regional Manager, SBI Regional Office, Jeevandeep Building, 1 Middleton Street, Kolkata (Calcutta), West Bengal – 700071.
- The Chief Manager, State Bank of India, ELGIN Road, 9-3-Chowringhee Road, Kolkata (Calcutta), West Bangal.
- Mr. Ganesh Yadav, S/o not known, Major, R/o 26-B, Ahsutosh Mukarji Road, Kolkata (Calcutta), West Bengal
B.V.P
