State Consumer Disputes Redressal Commission
Kadakarappally Co.Operative Bank vs V.Ajayan on 26 May, 2015
Daily Order KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL NO. 183/13 JUDGMENT DATED:26.05.2015 PRESENT : JUSTICE SHRI. P.Q. BARKATHALI : PRESIDENT SHRI.V.V. JOSE : MEMBER Kadakkarappally Service Co-operative-, Bank Ltd. No.1125, Kadakkarappally.P.O, Cherthala-688 529, : APPELLANT Alappuzha, R/by its Secretary. (By Adv: Sri. Rakesh Kumar) Vs. V. Ajayan, Nikarthil Veedu, Kadakkarappally.P.O, : RESPONDENT Cherthala, Alappuzha. (By Adv: Sri. Narayan.R) JUDGMENT
JUSTICE SHRI. P.Q. BARKATHALI: PRESIDENT This is an appeal filed by the opposite party in CC.276/09 on the file of Consumer Disputes Redressal Forum, Alappuzha challenging the order of the Forum dated, October 30, 2010 directing the opposite party to return the balance amount of Rs.76,000/- deposited by the complainant with the opposite party bank with interest and a compensation of Rs.10,000/- and a cost of Rs.2000/-.
2. The case of the complainant as testified by him as PW1 before the Forum and as detailed in the complaint in brief is this:-
On January 05, 2007 vide FD A/c No.16178 complainant deposited Rs.1,00,000/- with the opposite party bank. Subsequently he has deposited Rs.76,000/- also. From the above fixed deposit amount complainant availed a loan of Rs.30,000/-, Rs.3000/-, Rs.10,000/- and Rs.27,000/- on different dates. The opposite party fraudulently forging the signature of the complainant in the documents including vouchers took a sum of Rs.70,000/- on March 14, 2007, Rs.33,000/- on February 14, 2007 and Rs.43,000/- on March 12, 2007. Complainant has filed the complaint for return of that amount fraudulently taken away by the opposite party bank.
3. The opposite party is M/s Kadakkarappally Service Co-operative Bank, Cherthala represented by its Secretary. He in his version contended thus before the Forum. It is true that the complainant deposited Rs.1,00,000/- on January 05, 2007 as per FD receipt No.16178. The allegation regarding a further deposit of Rs.76,000/- is denied. Complainant availed a loan of Rs.30,000/- on February 07, 2007, Rs.3000/- on February 14, 2007, Rs.10,000/- on March 12, 2007, Rs.27,000/- on March 14, 2007 totaling to Rs.70,000/- on the security of the said FD receipt. Complainant is liable to pay interest at the rate of 9.5% per annum. After deducting the above said amount and interest complainant received Rs.30,970/- and on April 17, 2007 the account was closed. Therefore no amount is due from the opposite party to the complainant.
4. Complainant was examined as PW1 he produced Exts.A1 to A4 and also on the side of the opposite parties RW1 was examined and Exts.B1 to B6 were marked before the Forum. On an appreciation of evidence the Forum found that complainant had deposited a further sum of Rs.76,000/- with the opposite party bank and directed the opposite party to refund that amount with interest and a compensation of Rs.10,000/- and a cost of Rs.2000/-. The opposite party has now come up in appeal challenging the said order of the Forum.
5. Heard both the counsels.
Whether the complainant had deposited a further sum of Rs.76,000/- with the opposite party bank as alleged by him?
Whether the impugned order of the Forum can be sustained?
6. When the appeal came up for hearing today the opposite party is produced documents to show that complainant had filed a petition before the Assistant Registrar of Co-operative Societies, Cherthala regarding the same subject matter and the Registrar of Co-operative Societies after conducting enquiry dismissed the petition. The counsel for the respondents/complainant submitted that if that document is accepted he should be given an opportunity to cross-examine the complainant regarding that aspect. We find the request of the counsel for the complainant reasonable.
In the result appeal is allowed. The impugned order of the Forum directing the opposite party to pay Rs.76,000/- and a compensation of Rs.10,000/- is set aside. The matter is remanded to the Forum for fresh disposal in accordance with law. Both parties are entitled to adduce additional evidence if any before the Forum. Both parties shall appear before the Forum below on 30.06.2015. The opposite parties shall take back the documents produced by him and produced it before the Forum.
JUSTICE P.Q. BARKATHALI: PRESIDENT V.V. JOSE : MEMBER VL.