IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.

CONSUMER CASE NO. : 44/S/2012.                          DATED : 21.12.2016.

BEFORE  PRESIDENT              : SRI BISWANATH DE,

                                                              President, D.C.D.R.F., Siliguri.

                      MEMBERS              : SMT. PRATITI BHATTACHARYYA &

                                                              SRI PABITRA MAZUMDAR.

COMPLAINANT             : SHRI CHINMAY CHOWDHURY,  

                                                              S/O of Sri Madhusudan Chowdhury,            

                                                              Sr. Branch Manager, of Bajaj Allianz Life Insurance

  Co. Ltd. posted at Bagdogra Branch,

  Dist.- Darjeeling, resident of Laxmi Bhavan,

  1, S.N. Bose Road, P.O.- Kadamtala, Sibmandir,

  Dist. - Darjeeling, PIN – 734 011.

O.Ps.           1.                     : STATE BANK OF INDIA,

 I.A.F. Campus, Bagdogra Branch,

 P.O.- Bagdogra, P.S.- Bagdogra,

                                                             Dist.- Darjeeling, PIN – 734 014.

                                    2.                     : THE BRANCH MANAGER,

  State Bank of India,

  I.A.F. Campus, Bagdogra Branch,

  P.O.- Bagdogra, P.S.- Bagdogra,

  Dist.- Darjeeling, PIN – 734 014.

                                    3.                     : STATE BANK OF INDIA,

  Naxalbari Branch, P.O.- Naxalbari,

  Dist.- Darjeeling, PIN – 734 014.

4.                     : THE BRANCH MANAGER,

  State Bank of India, Naxalbari Branch,

                                                              P.O.-Naxalbari, Dist.- Darjeeling, PIN – 734 014.

5.                     : THE DEPUTY GENERAL MANAGER,

  State bank of India, Skystar Building,

  Sevoke Road, P.O.- Siliguri, Dist.- Darjeeling.

6.                     : THE BRANCH MANAGER,

  State Bank of India, Burdwan University Branch,

  Golapbag, P.O.- Rajbati,

  Dist.- Burdwan, PIN – 713 104, West Bengal. 

FOR THE COMPLAINANT         : Sri Goutam Basu, Advocate.

J U D G E M E N T

Sri Biswanath De, Ld. President.

The complainant’s case in brief is that he is a Senior Branch Manager of Bajaj Allianz Life Insurance Company Ltd., presently posted at Bagdogra, Dist.-

Contd……..P/2

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Darjeeling, and he had deposited a multi-city at OP No.1 written as “Yourself” of Rs.6,00,000/- for the purpose of creating a Fixed Deposit Receipt of Rs.6,00,000/- for availing an overdraft loan from the State Bank of India.  In presence of OP No.2, the complainant deposited the cheque along with an application form for creating Fixed Deposit Receipt of Rs.6,00,000/-.  The said multi-city cheque No.336384 dated 16.03.2012 for Rs.6,00,000/- has been deposited at the Naxalbari Branch of the State Bank of India i.e., OP No.3 and transferred to an unknown Bank account No.0020084470920 at SBI, Naxalbari Branch on 16.03.2012.  The total transaction of the said multi-city cheque has been recorded in the complainant’s bank statement.  The complainant has one O.D./Current bank account at SBI, Burdwan University, Golapbag, P.O.- Rajbati, Burdwan (OP No.6) the account number being 31270763986.  The complainant intended to purchase a residential building covering about 5 kathas at Sibmandir, and to that end he intended to have an overdraft loan from the SBI buy creating a Fixed Deposit Receipt of Rs.6,00,000/- with OP No.1.  The complainant made an advance payment of Rs.1,00,000/- for purchasing the said house, when he executed an agreement dated 14.02.2012 with Mr. Krishna Prasad Sharma, and there was a condition that the total consideration amount would be paid within 31.03.2012, failing which the advance money of Rs.1,00,000/- would be forfeited, and Mr. Krishna Prasad Sharma shall not be liable to refund any amount from the said advance money.  The complainant claims that on 15.03.2012, he transferred Rs.6,15,000/- from his wife’s bank account into his SBI bank account for creating Fixed Deposit Receipt of Rs.6,00,000/-.  On 16.03.2012, when the complainant deposited the said multi-city cheque, he had asked for a seal of the bank in the counter part of the deposit slip, but OP No.2 asked him to come at about 3.30 p.m., and take delivery of the original Fixed Deposit Receipt of Rs.6,00,000/-, from the bank.  However, when he went there at around 3.30 p.m., he was told by the bank officials that the multi-city cheque had been misplaced, and Fixed Deposit Receipt was not delivered to him.  The complainant requested the bank officials for issuing a bank statement of his current account, and on checking the bank statement, he found that the multi-city cheque No.336384 written as “Yourself” for an amount of Rs.6,00,000/- had been debited from his account, and the said amount of Rs.6,00,000/- had been transferred to an another account No.002008447092 at SBI, Naxalbari Branch on that very day.  A letter was communicated to the said Naxalbari Branch Manager, requesting for delivery of the said cheque.  The complainant lodged FIR at Bagdogra Police Station

Contd……..P/3

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regarding his missing multi-city cheque, and a case was started by Bagdogra P.S.  The complainant submits that, though two months have elapsed, the OP No.1 has not issued the said Fixed Deposit Receipt of Rs.6,00,000/-.  The complainant sent demand notices through Ld. Advocate on 12.04.2012 to OP Nos.1, 3, 5 & 6 regarding the said missing multi-city cheque of Rs.6,00,000/-, and requested OP No.1 to deliver the Fixed Deposit Receipt of Rs.6,00,000/- at an early date.  On 21.04.2012, the OP No.3 replied through Ld. Advocate stating that FIR had been lodged by the bank, and police investigation was going on, and the complainant was requested to wait till the investigation is completed.  The complainant thus filed this case, praying that OP Nos.1 to 6, be directed to issue Fixed Deposit Receipt of Rs.6,00,000/-, with effect from 16.03.2012, along with some other reliefs.     

The OPs appeared and filed written version denying inter-alia all the material allegations as raised by the complainant.  OPs denied that deposition a multi cheque written as yourself of Rs.6,00,000/- by cheque No.336384 dated 16.03.2012 for the purpose of creating a fixed deposit of the said amount in presence of OP No.2 the then Branch Manager of OP No.1.  It is stated that aforesaid cheque had been debited and transferred to the bank account No......70930 at State Bank of India, Naxalbari Branch, OP No.3.  The said cheque was fraudulently used and deposited in the OP No.3 bank for encashment of the same in the said account No.......70920 on 16.03.2012 by the account holder.  The amount Rs.6,00,000/- of the said cheque bearing no.’336384’ dated 16.03.2012 has been admitted by the OPs.  The owner of the account No....70920 has withdrawn Rs.4.5 lacs on the said date.  The OP No.3 lodged a written complaint to the Naxalbari Police Station vide GDE No.848 dated 17.03.2012.  The said account holder Manmohan Singh opened the said account fraudulently forging the documents.  In accordance with the FIR said persona has been arrested.  It is also contended by the OPs that it is now matter of further investigation as to how the said cheque belonged to the complainant had been handed over to the said person namely Manmohan Singh on 16.03.2012.  It is also case of the OP No.1 that said Manager Mr. Senapati of OP No.1 was not present on that date.

Other allegation of the complainant regarding the story of Fixed Deposit and deposition of the same before the Manager is a fabricated story for the purpose of this case.                 

          To prove the case the complainant has field the following documents :-

Contd……..P/4

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1.       Photocopy of Awards and Certificates for outstanding achievement of the complainant. 

2.       Photocopy of “Agreement for sale” regarding advance amount of Rs.1,00,000/-. .     

3.       Photocopy of the Bank Counterpart of the Deposit Slip of Multicity Cheque written as “Yourself’ amount of Rs.6,00,000/- in favour of State Bank of India, I.A.F. Campus, Bagdogra Branch. 

4.       Photocopy of Bank Statement of the complainant in S.B.I. O.D A/C No.31270763986 along with the communication letter with Naxalbari Branch.

5.       Photocopy of Police F.I.R.

6.       Photocopy of Newspaper Coverage reflecting said matter in Uttar Banga Sambad on 13.04.2012.

7.       Photocopy of Demand Notice along with sent by Mrs. Moon Basu, Advocate on 12.04.2012.

8.       Photocopy of reply sent by Advocate Suprio Ghosh.

9.       Photocopy of Doctor’s Certificate.   

OPs have filed the following documents :-

A)      Copy of certified copy of all order sheets in connection with Bagdogra P.S. Case No.88/2012.

B)      Certified copy of Charge sheet in connection with Bagdogra P.S. Case No.88/2012.

          Complainant has filed evidence-in-chief.

OPs have filed evidence-in-chief.

Complainant has filed Written Notes of Argument.

OPs have filed written notes of argument.

Points for determination

1.       Whether the OP Nos.1 & 2 have acted negligently without having due care and attention to the customer.

2.       Is there any deficiency in service on the part of the OPs towards the complainant customer ?

3.       Is the complainant entitled to get any relief as prayed for ?

Decision with reason             

          Both issues are taken up together for the brevity and convenience of discussion.

Contd……..P/5

-:5:-

The complainant Chinmay Chowdhury has filed evidence-in-chief on affidavit.  Complainant stated on oath that on 16.03.2012 at about 11 a.m. he had been gone to the State Bank of India, I.A.F. Camp, Bagdogra Branch and deposited a multi city cheque of Rs.6 lacs to the State Bank of India, I.A.F. Camp, Bagdogra Branch for the purpose of creating a Fixed Deposit Receipt in his favour and he was told by the Branch Manager to come at around 3-30 p.m. for delivery of receipt of Rs.6 lac.  He has filed photocopy of the said cheque being cheque no.336384 dated 16.03.2012 before the Ld. Forum as the original lies with the bank custody.  He also stated he came to the bank at 3-30 p.m. for receiving FD Certificate when the complainant was informed that multi city cheque bearing No. as stated above, had been misplaced.  He then informed the matter to the Branch Manager, Satya Narayan Senapati.  The Branch Manager told him that such incident of misplacement had been taken place regarding the cheque no.336384 written as ‘yourself’ amount of Rs.6 lac in the Bagdogra Branch.  Later on, he has also stated that after checking the bank statement he found that the said multi city cheque being cheque no.336384 amount Rs.6 lacs only has been debited from his account and that amount has been transferred to another account no............70920 at the State Bank of India, Naxalbari Branch on the same day.  He then lodged written complainant in Bagdogra P.S. being GD Entry No.795/12 dated 16.03.2012 and the said P.S. started case under Section 409 I.P.C.  The photocopy of the FIR has been marked as Exhibit-A/5.  But many days passed, the complainant did not get the FD Certificate for which he has come before this Forum with prayer as embodied in the complaint.

Complainant has also examined one Sunil Sarkar as PW 2.  This PW 2 has supported the fact of the case stated by the complainant on oath.  PW 2 claimed that he was present with the complainant on that date and time.  PW 2 has supported the fact of PW 1.      

The Branch Manager i.e., OP No.1 has filed Examination-in-chief.  He has denied that complainant deposited a multi city cheque written as ‘yourself’ of Rs.6 lac only being cheque no.336384 dated 16.03.2012 for the purpose of creating FD in presence of OP No.2 Satya Narayan Senapati.  It is also stated in para 7 that aforesaid amount of Rs.6 lac of the said cheque being no.336384 dated 16.03.2012 was deposited in the OP No.3 bank for encashment of the same in the said account No.....70920  on 16.03.2012 by the account holder of the said account and withdrew Rs.4.5 lac on the same date and that OP No.3 lodged a written complaint to the Naxalbari Police Station vide GDE No.848

Contd……..P/6

-:6:-

dated 17.03.2012.  The Account holder was Manmohan Singh.  This OP also stated it is a matter of investigation how the said cheque stated to be belonged to the complainant has been handed over to the said person Mahmohan Singh.  It is also stated that Branch Manager, Mr. Senapati of OP No.1 was not present on the relevant date and time alleged by the complainant. 

Annexure-A3 is the Xerox copy of receipt.  This Xerox copy does not show any seal and signature of OP No.1 bank. 

Annxure-A4 is a letter written by complainant Chimmay Chowdhury addressed to the Branch Manager, SBI, Naxalbari Branch, regarding the total incident of depositing the multi city cheque before the OP No.1 and regarding allegation of debit of Rs.6 lac from his account to the account of Manmohan Singh.  Along with this he has filed the Statement of Account.  The bank statement shows that on 16.03.2012 Rs.6 lac of cheque no.336384 has been debited from his account to the account of .......70910.  Annexure-A5 is FIR of complainant lodged before the Bagdogra Police Station.  In this FIR there is no mention of next untoward incident, but only allegation is that in the evening when the complainant came to take FD, the bank was not able to find his cheque and denied to give any FD to his.  But the money has been already withdrawn from his account.  This FIR was lodged on 16.03.2012 on the same day.  There is no reason shown by the OP to disbelieve Annexure A5 and Annexure A3 & Annexure A4.  The oral statement of the complainant and PW 2 gets its support by the documentary evidence mainly the statement of bank account regarding encashment of complainant’s cheque in the State Bank of India in the account of another person.  The Statement of Account issued by the bank along with Annexure-A3 shows that the complainant deposited a multi city cheque of Rs.6 lac before the OP No.1 in his account.  But the same was encashed in the bank of OP No.2. 

The OPs namely OP Nos.1, 2 & 3 are the bank authorities.  The statement of account has been issued by the State Bank of India.  The existence of the alleged cheque of the complainant gets its support in the action of the Branch Manager, State Bank of India, Naxalbari Branch, wherein the another person Manmohan Singh has opened an account.  From the document of OPs as well as statement of OPs, statement of account and evidence on oath, it appears that existence of the cheque bearing no. as stated by the complainant exists.  But the cheque amount was debited in another’s name.  The oral evidence of OP No.1 and written version of OP No.1 expressly denied the deposition of cheque by the complainant before the OP No.1.  But the act of

Contd……..P/7

-:7:-

Branch Manager, State Bank India of Naxalbari Branch supports the contention of the complainant regarding cheque bearing no.336384 dated 16.03.2012 of Rs.6 lac, multi city cheque written as ‘yourself’. 

Leaving apart the statement of fact of complainant and information lodged by the complainant before Bagdogra P.S. and FIR lodged by the Branch Manager, Naxalbari Branch, before the Naxalbari P.S. and consequent upon investigation and filing of charge sheet obviously, supports the complainant’s case regarding multi city cheque and encashment of the cheque in the account of third person to whom the cheque was not issued as the cheque was issued to the State Bank of India, writing yourself.

In this case some questionnaires have been filed by the OPs.  The OPs have put some questions as cross-examination before PW 1 and PW1 answered all the points.  The cross-examination i.e., questionnaire filed by the OPs to PW1 the complainant failed to impeach the evidence of PW1 during examination in chief and validity and genuinity and correctness and existence of the cheque bearing no.336384 of Rs.6 lac.  It is categorically agreed by the OPs that “said cheque has been encashed in the OPs bank by one Manmohan Singh”.  Particularly the Question nos.1, 3 & 7 the answers to which help the complainant’s case to stand. 

PW1 also put 12 questions by way of affidavit to the OPs of which Question No.6, 8, 9, 10 & 11 are very much relevant in this case.

Sri Kundan Kumar Singh, Branch Manager of SBI, IAF Camp, Bagdogra Branch, has answered on oath.  The answers stated by Sri Kundan Kumar Singh, that the bank IAF Campus did not receive any cheque no.336384 dated 16.03.12 of Rs.6 lac and bank did not know how the cheque has been presented to the SBI, Naxalbari Branch.  But a Criminal case is pending encircling that alleged cheque.  The bank also stated in answer to the question no.6 that there is a normal procedure to encash the yourself cheque after deposit as per the instruction of the drawee and next answer shows that Naxalbari P.S. GDE No.848 dated 17.03.2012 has been filed by the Naxalbari Branch and that the normal procedure and clearing cheque is that the customers are depositing their cheque in a draw box for clearing which is a normal procedure of a bank.  The bank also stated as per the KYC norms all documents are required at the time of opening a bank account.  So, it is a question of doubt, how Manmohan Singh created that account wherein the cheque of complainant appears to have been debited.

Furthermore, wherein the normal procedure is depositing the cheque in

Contd……..P/8

-:8:-

drop box, so, how the State Bank can deny the allegation of complainant for want of proper receipt with seal and signature of depositing the cheque.  It is expected that there would have been some merit and reliability of the statement on bank authorities who are conducting their business with the money of the common people as common people have trust on the bank authorities.  So, in this case, where all circumstances are pin pointed to the facts adduced by the complainant in this allegation.  

The matter on record, in complaint, written version, documents filed by both sides and cross-examination filed in the shape of questionnaires which are before us and principles of law filed by both sides before us, convinced us fully regarding the allegation of the complainant regarding all phases of the case.  Bank authorities OP No.1 & others cannot deny their responsibilities in dealing with the instrument of the complainant. 

The OP Nos.1 & 2 i.e., the then Branch Manager, I.A.F. Campus, Bagdogra Branch and Branch Manager, State Bank of India, Naxalbari Branch did not discharge their duties as per parameter of due care and attentions.  The diagram created in the record clearly shows that want of due care and attention of the OPs towards the complainant.  The OPs acted negligent manner towards complainant.  The OPs are responsible for causing loss of the complainant of Rs.6 lac. 

Accordingly the complainant is entitled to get adequate relief as per provision under Section 16 of Consumer Protection Act, 1986.                   

In the result, the case succeeds.    

Hence, it is

                     O R D E R E D

that the Consumer Case No.44/S/2012 is allowed on contest against the then Branch Managers, State Bank of India, I.A.F. Campus, Bagdogra Branch and State Bank India, Naxalbari Branch with cost and the case is dismissed against the Deputy General Manager, SBI, Skystar Building and the Branch Manager, SBI, Burdwan University Branch, without cost.

The complainant is entitled to get Rs.6,00,000/- which was deposited by a cheque, from the then Branch Managers, State Bank of India, I.A.F. Campus, Bagdogra Branch and State Bank India, Naxalbari Branch, who acted as Manager on 16.03.2012. 

The complainant is further entitled to get Rs.2,00,000/- towards compensation for mental pain, agony and harassment from the then Branch Managers, SBI, I.A.F. Campus, Bagdogra Branch and SBI, Naxalbari Branch.

Contd……..P/9

-:9:-

The complainant is further entitled to get Rs.50,000/- towards litigation cost from the then Branch Managers, SBI, I.A.F. Campus, Bagdogra Branch and SBI, Naxalbari Branch.

The complainant is further entitled to get interest @ 9% per annum on Rs.6,00,000/- from 16.03.2012 to till final payment, from the then Branch Managers, SBI, I.A.F. Campus, Bagdogra Branch and SBI, Naxalbari Branch. 

The then Branch Managers, State Bank of India, I.A.F. Campus, Bagdogra Branch and Naxalbari Branch, who are jointly and severally liable, are directed to pay Rs.6,00,000/- by issuing an account payee cheque in the name of the complainant, from their own pockets within 45 days of this order.

 The then Branch Managers, State Bank of India, I.A.F. Campus, Bagdogra Branch and Naxalbari Branch, who are jointly and severally liable, are further directed to pay Rs.2,00,000/- by issuing an account payee cheque in the name of the complainant towards compensation for mental pain, agony and harassment, from their own pockets, within 45 days of this order.

The then Branch Managers, State Bank of India, I.A.F. Campus, Bagdogra Branch and Naxalbari Branch, who are jointly and severally liable, are further directed to pay Rs.50,000/- by issuing an account payee cheque in the name of the complainant towards litigation cost, from their own pockets, within 45 days of this order.

The then Branch Managers, State Bank of India, I.A.F. Campus, Bagdogra Branch and Naxalbari Branch, who are jointly and severally liable, are further directed to pay interest @ 9 % per annum on Rs.6,00,000/- from 16.03.2012 to till final payment by issuing an account payee cheque in the name of the complainant from their own pockets, within 45 days of this order.

In case of default of payment, the complainant is further entitled to get interest @ 9% per annum on the awarded sum of Rs.8,00,000/- from the date of this order till full realization. 

In case of default, the complainant is at liberty to execute this order through this Forum as per law. 

Copies of this judgment be supplied to the parties free of cost.