JAGTIAL CONSUMER WELFARE COUNCIL vs SRI RAVEENDER SHARMA

HEARD the learned Counsel for the complainant as well as the learned Counsel appearing for respondents 2, 3, and 4.

THE complaint has been filed alleging that a number of residents of the villages viz., Koratia, Thakkallapalli, Kathlapur, Bomena, Manne Goodem, Nagulpet, Sririkonda, Desaipet, Sangem and Dammannapet opened deposit accounts under different schemes in the branch office of the Union Bank of India, Koratia, Karimnagar district, and that the Daily deposit Collector appointed by the Union Bank of India used to come to the above said villages and collect the amounts periodically from the account holders for crediting the same in their respective accounts. THE grievance of the account holders is that though the amount was collected from them by the Daily Deposit Collector, the same was not credited in their accounts. THErefore, they filed this complaint seeking a direction to the Union Bank of India to pay the amount collected from them as well as the compensation. On behalf of respondents 2, 3 and 4 a counter was filed denying the various allegations made in the complaint and stating that the various account holders on whose behalf the complaint had been filed had not complied with the terms and conditions required to be complied with by the account holders who had opened account with the Bank. The Bank also raised a preliminary objection as to the maintainability of the complaint.

On 27.10.1990 this Commission passed an order as follows : "Such of the Account-holders mentioned in Category-1 of the Annexure filed along with the counter on behalf of the Union Bank of India and who passess pass-books and other relevant material shall appear before the Manager of the Branch Office of the Union Bank of India Koratla (respondent No. 2) within three weeks from to-day and produce the pass-books and other relevant material relating to the payment of the amounts by them to Mini Deposit Collection Agent. Within three weeks from the date of receipt of the pass-books and other relevant material, the Committee constituted by the Bank shall enquire into the matter and submit a detailed report to this Commission on or before 29.12.1990. Regarding the Account-holders mentioned in categories 2 and 3, they shall also appear before the Branch Manager of Koratla within three weeks from to-day and produce before him whatever material they have in proof of having paid the amounts to the Mini Deposit Collecting Agent. The Committee constituted by the Bank shall compile that material and submit a report to this Commission on or before 29.12.1990. Post the C.D. Case on 29.12.1990".

IN compliance with the direction, the Bank had categorized the claims received under the Mini Deposit Account at Koratla into five categories. The first category consists of 51 members. Out of 51 members, it is stated that only 37 members submitted their claims pursuant to the order of this Commission. It is stated that all the 37 claimants have been paid with interest. The second category consists of 7 members. Six members submitted their claims and it is stated that four out of them have been paid the amount as mentioned in the report The third category consists of 35 members and out of them 8 members have submitted their claims. Those claims have not yet been finalised. So far as the fourth category is concerned, out of 22 claims it is stated that none of them has so far submitted any claim. IN the fifth category there are six members. Out of them the accounts of the members at serial Nos. 5 and 6 were closed as long back as on 21.12.81 and 11.9.85 respectively. So far as Sri G. Laxman at Serial No. 1 is concerned it is stated on behalf of the Bank that he did not submit any claim prior to the filing of this complaint and he had for the first time submitted the claim only after the order dt. 27.10.90 was passed by this Commission. It is further submitted by the learned Counsel appearing for respondents 2, 3 and 4 that the Bank has taken a decision to pay the amount if any due to the account holders mentioned in categories 1 to 4 pursuant to the direction of this Commission and so far as the account holders in category No. 5 mentioned in the report submitted by the Bank are concerned it is stated that no such decision has been taken by the Bank.

OUT of 115 account holders mentioned in categories Nos. 1 to 4 it is stated that so far 50 of them have submitted their claims and out of them 41 have already been paid. It is stated by the learned Counsel appearing for the complainant that the other account holders could not submit their claims due to some practical difficulties and that six weeks time may be granted to them to submit their claims to the Bank. Having regard to the facts and circumstances of this case, it is directed that such of the account holders in categories 1 to 4 who have not submitted their claims so far shall submit their claims to the Manager of the Branch Office, Union Bank of India, Koratla within six weeks from to-day along with the pass books and other relevant material. Within four weeks from the date of receipt of the claims pass books and other relevant material, the Bank shall enquire into the matter and settle the claims. Wherever the pass books are not available, the account holders in categories 1 to 4 shall furnish an indemnity bond and an affidavit as required by the Bank and shall bear the incidental expenses in that regard if the amount payable to them is more than Rs. 100/ each. So far as the account holders in category No. 5 are concerned, it is submitted by the learned Counsel appearing for respondents 2, 3 and 4 that the Bank is willing to consider the claims of account holders at serial Nos. 2, 3 and 4. So far as account holders at serial Nos. 5 and 6 are concerned, as we have already mentioned, their accounts have been closed on 21.12.81 and 11.9.85 respectively. So far as the account holder at serial No. l is concerned as we have already mentioned, it is stated on behalf of the Bank that he did not make any claim till the filing of the Consumer Dispute. In those circumstances, we direct that the claims of the account holders at serial Nos. 2, 3 and 4 alone shall be considered for payment if they submit their claims supported by pass books and other relevant material. So far as the account holders at serial Nos. 1, 5 and 6 are concerned, their claims need not be considered. If the Bank requires them to furnish indemnity bonds and affidavits, they shall furnish the same at their expenses. If their claims have not already been finalised, the same shall be considered and finalised within four weeks from today. The Bank has evinced very reasonable interest in protecting the interests of the persons on whose behalf the Consumer Dispute has been filed and has come forward to settle the claims when a suggestion has been made by this Commission. Therefore, the settlement of claims of only the account holders mentioned above shall be finalised and the Bank is not liable to consider the claim of any other account holder who does not figure in the categories referred to above, pursuant to this order. The Consumer Dispute is accordingly disposed of. No order as to costs. Note: The office shall furnish a certified copy of the report dt. 19.1.91 submitted by the Bank to the respondents 2, 3 and 4. Appeal accordingly disposed of. ____________