IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

 

BEFORE :       Hon’ble Thiru Justice R. SUBBIAH         PRESIDENT

                        

F.A.NO.19/2020

(Against order in CC.NO.51/2014 on the file of the DCDRC, Coimbatore)

 

      DATED THIS THE 31^st DAY OF OCTOBER 2023       

 

1.       The Manager

Indian Overseas Bank

Kovaipudur Branch

Coimbatore – 641 042

 

2.       The Regional Manager

          Indian Overseas Bank                               M/s. Sheela Venkatesh

          Regional Office                                                  Counsel for

          Coimbatore                                           Appellants / Opposite parties

 

                                                         Vs.

J. Sankara Narayanan

S/o. Jegannathan

Door No.6/16, Vivekanandhar Street

Sundakamuthur                                                 Served called absent

Coimbatore – 641 010                                   Respondent / Complainant

 

          The Respondent as complainant filed a complaint before the District Commission against the opposite parties praying for certain direction. The District Commission had allowed the complaint. Against the said order, this appeal is preferred by the opposite parties praying to set aside the order dt.29.10.2019 in CC.No.51/2014.

 

          This appeal coming before me for hearing finally on 25.8.2023, upon hearing the arguments of the counsel appearing for appellant and on perusing the documents, lower court records, and the order passed by the District Commission, this commission made the following order:

 

ORDER

 

JUSTICE R. SUBBIAH,  PRESIDENT   

 

1.       This appeal has been filed by the appellants/ Opposite parties as against the order dt.29.10.2019 in CC.No.51/2014 passed by the District Consumer Disputes Redressal Commission, Coimbatore, in allowing the complaint.    

2.       For the sake of convenience, the parties shall be referred as per the rankings before the District Commission.

 

3.       The brief facts which are necessary to decide the appeal is as follows:

            The complainant is working as an Assistant in the Primary Health Centre, Sundakamuthur, Coimbatore.  The complainant is having a Savings Bank Account No.147001000013691 with the 1^st opposite party bank since 11.10.2011.  The complainant was using the above account as his Salary Account also.  While so on 10.8.2013, the complainant deposited into his account, a cheque No.000143 dt.10.8.2013 for a sum of Rs.2,00,000/- drawn On City Union Bank, Kinathukadavu branch, issued by one Emro Builders in favour of the complainant.  The said cheque was cleared and the amount of Rs.2,00,000/- has been credited to his account on 12.8.2013.  Thereafter, he had withdrawn various amounts from his accounts on different dates. 

          Whileso, on 13.9.2013, when the complainant intended to withdraw some amount for his urgent need, from the ATM centre at Kovaipudur, he received a printed slip stating that there is “insufficient funds” in his account.  But actually, on that date, a sum of Rs.32,143/- was available in his account.  Therefore, in order to verify the correctness of the statement, again the complainant had taken a mini statement from someother ATM, which had reflected that as on 12.9.2013 a cheque for a sum Rs.2,00,000/- was deposited for clearance from the complainant account, and there was a balance of Rs.167857/- in his account.  But actually on 12.9.2013, the complainant had not deposited any cheque. 

          Further, the opposite party had debited a sum of Rs.32,143/- from the account of the complainant, without his consent.  That apart the cheque issued by the complainant on 29.7.2013 was also returned by the opposite parties.  Therefore, the complainant issued a legal notice dt.19.10.2013.  But there was no positive response from the opposite parties.  Therefore, alleging negligence on the part of the opposite parties, the complainant filed a complaint before the D

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