Kerala

Idukki

CC/47/2019

sabu Joseph - Complainant(s)

Versus

Ajesh kumar - Opp.Party(s)

30 Jun 2021

ORDER

DATE OF FILING : 28/03/2019

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 30^th day of June 2021

Present :

SMT.ASAMOL P. PRESIDENT-IN-CHARGE

SRI.AMPADY K.S. MEMBER

CC NO.47/2019

Between

Complainant : Sabu, S/o Joseph,

Panikkaruveettil,

Upputhara P.O., Idukki District.

(By Adv: Jijo Joseph)

And

Opposite Party : 1 . Ajeshkumar, S/o Raju,

Marakkattil House, Upputhara P.O.,

Upputhara, Idukki District.

2 . The Manager,

Service Co-Operative Bank Limited No-2985,

Upputhara P.O., Upputhara.

3 . The Manager,

Axix Bank Ltd., Thodupuzha.

(By Adv: Biju P.Sebastian)

 

O R D E R

 

SMT. ASAMOL P. (PRESIDENT-IN-CHARGE)

 

The facts of the case is as follows.

 

The first opposite party demanded Rs.1 Lakh for the purpose of his daughter's nursing education from the complainant. The complainant gave the said 1 Lakh amount to the first opposite party. For disbursing the amount, the first opposite party has issued a cheque bearing No.012026 dated 12/12/2018 Federal Bank, Upputhara Branch. On the same day, the complainant entrusted the cheque to the second opposite party for encashment. Thereafter, the second opposite party informed the complainant on 22/01/2019 that the cheque was returned due to the reason of non-CTS cheque and present it through proper bank from third opposite party. The second opposite party also informed the cheque was returned on

(Cont.....2)

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10/01/2019 from the third opposite party. The complainant informed these events to the first opposite party, but he said that he is not liable to that and also he has insulted to the complainant. Hence the complainant suffered much hardships and mental agony in these acts of the first opposite party.

 

After that, the Federal Bank Manager, Upputhara Branch has informed to the complainant that there was a chance for clearing non-CTS cheque till 31/12/2018. The complainant has produced the cheque before the second opposite party for collecting the amount from the third opposite party on 12/12/2018. But this opposite party has delayed for presenting this Non-CTS cheque at correct time. There are the deficiency in service on the part of these opposite parties. Hence the following reliefs may be allowed from these opposite parties.

 

(a) To directs the first opposite party to pay the cheque amount Rs.1 Lakh with

12% interest to the complainant.

(b) To direct all opposite parties to pay the amount of Rs.3000/- as compensation

and Rs.5000/- as cost of the case to the complainant.

 

Upon notice, the first and third opposite parties appeared before the Commission and they have filed objection to the complaint. But the second opposite party has not appeared and called absent and set exparte.

 

The first opposite party submitted through his objection is that he received Rs.25,000/- with 8% interest on 2014 and he had paid Rs.2,000/- as interest per month to the complainant. At the time of payment of the said amount Rs.25,000/-the complainant received blank cheque leaf of Federal Bank, Upputhara Branch and blank Promissory Note from the first opposite party. The first opposite party had paid all money with interest on 2017 to the complainant. But he has not received the blank cheque and promissory note from the complainant. The complainant promised that the blank cheque and blank promissory note would be given on the next day. But the complainant has not returned the blank cheque and blank promissory notes to the first opposite party. Then, the complainant filled the blank cheque with 1 Lakh Rupees and dated 12/12/2018. Later, the complainant filed this complaint for causing financial loss and more difficulties to the first opposite party and for acquiring more money from the first opposite party. The first opposite party also submitted that he does not have any payment to the complainant. Hence the complaint may be dismissed.

(Cont.....3)

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The third opposite party filed written version. He submitted that the petitioner has no cause of action against this respondent and there is no privity of contract between this opposite party and the complainant. There is no consumer relationship between this opposite party and the complainant. The complainant is not the account holder of this opposite party.

 

It is true that one cheque bearing No.012026 dated 12/12/2018 for Rs.1,00,000/- drawn on Federal Bank, Upputhara has come for clearing from the Idukki District Co.Operative Bank, Upputhara Branch to the bank of this respondent on 05/01/2019. And since the said cheque was non CTS, this respondent bank had returned the same to the Idukki District Co-Operative bank, Upputhara branch on 10/01/2019.

 

As per the specific direction of the Reserve Bank of India the clearing of Non CTS cheques were discontinued from 31/12/2018. More over the Reserve Bank had given specific direction for the clearance of Non CTs cheques from first July 2018 onwards. Non CTS cheques presentation is reduced to once a fortnight (Every alternative Wednesday) from 1^st July 2018 and thereafter to once a month (Second Wednesday of month) from September 1^st 2018 till 31/12/2018. (As per the said RBI guidelines the clearing of such non CTS cheque was stopped. The copy of RBI guidelines dated 22/06/2018 are enclosed herewith as Exhibit B1).

 

It is submitted that this respondent has received the above said cheque on 05/01/2019 through courier with reference No.1246035497 of Speed and Safe Courier agency. And the same has been entered in the inward mail register as item No.532 of this respondent bank. The copy of the relevant page of inward mail register with entry No.532 is produced here with a Exhibit B2.

 

It is submitted that since the above said cheque No.012026 was received by this respondent only after 31/12/2018 this respondent had rightly in terms of the RBI guidelines on 10/01/2019 returned the said cheque to the Idukki District Co-Operative Bank, Upputhara branch with reason of non CTS cheque. It is submitted that this respondent is governed and regulated by the guidelines and instructions issued by Reserve Bank of India and is necessarily bound to comply with the circular/guidelines issued by RBI. It is submitted that this respondent has not committed any deficiency in service by returning the said cheque for the reasons stated above or delay in returning the said cheque.

(Cont.....4)

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There is no cause of action has been arise to the complainant against this respondent and as such the complaint is not maintainable and be dismissed with costs accordingly.

 

The complainant has filed proof affidavit and he was examined as PW1. He has produced 4 documents. These documents were marked as Ext.P1 to Ext.P4. P1 is cheque of Federal Bank, Upputhara Branch, P2 is receipt dated 22/01/2019 from the second opposite party, P3 is receipt dated 10/01/2019 from the third opposite party, P4 is bank statement from Pigmy deposit scheme of the second opposite party.

 

The first and third opposite parties have filed objection. The third opposite party has produced inward and outward mail register. It was marked as Ext.R1.

 

The point for consideration is that, whether there is any deficiency in service on the part of opposite parties if so, what relief the complainant is entitled to?

 

The Point: The Commission has gone through the evidence on records. There was no evidence adduced by the complainant to prove that he has produced the cheque before the second opposite party on 12/12/2018 for sending collection. The complainant submitted that Non-CTS cheque clearance was ended on 31/12/2018 and it was informed by Federal bank. As per Ext.P3, the cheque which was presented before the second opposite party was returned on 10/01/2019 from the third opposite party ie, the collection bank. As per Ext.P2, it was informed to the complainant on 22/01/2019 from the second opposite party.

 

The third opposite party has produced Ext.R1. As per Ext.R1, the cheque received from the second opposite party on 05/01/2019, ie, after 31/12/2018 which was the ended date of Non-CTS cheque for clearance. It was not objected by the complainant and there was no other evidence adduced against Ext.R1 documents. Therefore, we found that there is no deficiency in service on the part of this third opposite party. The allegation against the second opposite party was not proved and there was no evidence adduced about that the cheque was produced before the second opposite party on 12/12/2018 for sending collection to third opposite party. Hence, we are of the considered view that, there is no deficiency in service on the part of this second opposite party.

 

The complainant stated that he informed about the return of cheque due to Non-CTS and non-encashment to the first opposite party. The complainant deposed in his cross examination is that he received the cheque on 12/12/2018 for 1 Lakh rupees from the first opposite party and it was produced before the second opposite party in time. His contentions are that about the Non-CTS cheque was not informed to him in correct time. There is no consumer relationship between the complainant and the first opposite party. Therefore, the complaint against the first opposite party is not sustainable before the Commission. This Commission has no power to granting relief for recovering the amount as per the cheque.

 

From the above discussion, this Commission has found that there is no deficiency in service on the part of these opposite parties.

 

Hence, the complaint is dismissed.

 

Pronounced by this Commission on this the 30^th day of June, 2021.

 

Sd/-

SMT. ASAMOL P., PRESIDENT-IN-CHARGE

Sd/-

SRI.AMPADY K.S., MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Cont.....6)

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APPENDIX

 

Depositions :

On the side of the Complainant :

PW1 - Sabu P.J.

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Cheque of Federal Bank, Upputhara Branch

Ext.P2 - Receipt dated 22/01/2019 from the second opposite party

Ext.P3 - Receipt dated 10/01/2019 from the third opposite party

Ext.P4 - Bank statement from Pigmy deposit scheme of the second opposite party.

 

On the side of the Opposite Party :

Ext.R1 - Inward and outward mail register.

 

 

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT