BEFORE THE DISTRICT FORUM:KURNOOL

Present: Sri.P. V Nageswara Rao , M.A., LL.M., President(FAC)

And

Smt. C.Preethi,  M.A.LL.B., Lady Member

Thursday  the 06^th day of August,  2009

C.C.No.54/09

 Between:

N. Venkateswara Rao, S/o. Late N. Someswara Rao,

H.No.43-262/1C, Narsimha Rao Pet, Kurnool-518004.                                   …Complainant

-Vs-

Andhra Bank, By its Manger,

Narasimha Rao Pet Branch, 43/134-1A, Kurnool-518 004.                                    … Opposite party          

         This complaint is coming on this day for orders in the presence of Sri.N.Rama Chandra, Advocate, for the complainant, and Sri.G.S.Vijaya Bhaskar Reddy, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following

ORDER

(As per Sri. P.V.Nageswara Rao,President (FAC)

C.C.54/09

1.     Complaint filed under section 12 of the Consumer Protection Act 1986.

2.     The brief facts of the complaint is as follows:-  The complainant was a Retired Assistant Director of Agriculture  and an account holder of the opposite party bank. He took 19 acres of land for lease of seven years period at Peddapothulapadu Village, Mahaboobnagar District  for raising Maize , Jawar , and Chilly. The complainant presented a cheque for Rs. 4,592/- dated 06-01-2009  issued by the Junior Civil Judge Court, Kurnool  at 7-45 P.M and same was endorsed by the Manger of the bank. The working hours of the bank was 8-00 A.M. to 8-00 P.M. The cheque clear-ing time was 10-30 A.M to 11-00 A.M. On 7^th itself the cheque was not cleared. When questioned the bank mentioned that the clearing account of 7^th was closed on the evening of the 6^th . It was against banking rules . If he had cleared  on 7^th , the complainant would have drawn the cash on 7^th at ATM. But the cheque was not sent  on 7^th . 8^th was a holiday and so the cheque was sent for  clearance to the State Bank of India , Main Branch on 9^th late hours. The amount could not be drawn on 10^th . Therefore , there was deficiency of service and negligence on the part of the bank. The notice dated 29-01-2009 was issued but there was no response. Thus the complaint was filed for Rs.20,000/- towards compensation and Rs.10,000/- towards mental agony  totaling Rs.30,000/- together with costs.

3.     The  opposite  party  filed a  written version that the complainant was  not a  consumer  of  Andhra  Bank , N.R Pet Branch ,  Kurnool .  It was  true  that  the  cheque  was  presented  for  encashment  on  06-01-2009  for Rs.4,592/- around 19.45 hours and same was endorsed by the manager on the counter foil of savings bank Account Pay-In-Slip. The service center Pilot would collect the clear-ing bags at 9-00 A.M  every day from 11 branches in Kurnool and consolidated in the service center  and the service center manger would present in the clearing house run by State Bank of India. The cheques would be presented in the clear in house on or before  11 -00 A.M every day. By the time the cheque was presented the clear-ing time was closed at 4-00 P.M . All  the  cheques  received  on  06-01-2009  would be sent on 07-01-2009 . On 08-01-2009 was national holiday for Moharam and so the cheque was sent for collection on 09-01-2009 and credited in the complaint account on the same day. There was no deficiency of service and thus the complaint may be dismissed with costs.

4.       On the basis of the above pleadings the points for consideration are  (i) whether there is any deficiency of service on the part of the respondent/ opposite party ?

(ii) Whether the complainant is entitled to the relief as prayed for?

(iii) To what relief?

5.                On behalf of the complainant Ex. A1 to A7 were marked and on behalf of the opposite party no document was filed.

        Both sides filed written arguments .

   6.          Point No. 1 & 2 : The complainant presented a cheque for Rs.4,592/- dated 06-01-2009 issued by the Court of Junior Civil Judge, Kurnool at about 7-45 P.M on 06-01-2009 itself. It was an admitted fact by the opposite  party .  The cheque was not sent to service centre for  clearance on  07-01-2009 by the opposite party. The reason was the cheques collected by 4-00 P.M on 06-01-2009 were sent on 07-01-2009 for clearance through service center Pilot . The cheque of the complainant was received at 7-45 P.M  i.e, beyond 4-00 P.M  and so it was not sent  on  07-01-2009 but  it  was  sent  on    09-01-2009 . Even though the cheque was received at 7-45 P.M  . On 06-01-2009 within the banking hours yet  all the cheques collected on 06-01-2009 at 4-00 P.M were sent for clearance on 07-01-2009. It  was the  duty of the opposite party to send all the cheques collected  the time of closing of the bank , on the next day i.e, 07-01-2009 . Sending the cheque on 09-01-2009 was deficiency of service and hence the opposite party was liable to pay compensation for mental agony to the complainant.

7.     The complainant  filed  Ex.A1  office  copy of the notice dated 29-01-2009 to the opposite party . Ex.A2 was the un registered lease deed of the complainant , Ex.A3 was the counter foil  on  account-pay in-slip issued by opposite party on 06-01-2009 . Ex.A4 was the ATM Slip  . Ex.A5 was another ATM slip . Ex.A6 , A7 were also ATM Slips to show that there was in sufficient fund on 09-01-2009 by 5-30 P.M . But in Ex.A7 the ATM slip at 5-24 P.M on 09-01-2009 the cheque amount Rs.4,592/- was credited in the State Bank of India in the  account of the complainant. Therefore deficiency of service was  on the part of the opposite party.

8.  Point NO. 3 :  In the result , the complaint is allowed directing the opposite party to pay Rs.1,000/-( Rupees one thousand only)  towards compensation for mental agony within 30 days  from the date of receipt of this order and also pay cost of Rs.500/- (Rupees five hundred only).

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 06^th day of August, 2009.

      Sd/-                                                            Sd/-

LADY MEBER                                                         PRESIDENT (FAC)               

APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant :Nil                                                                       For the opposite parties :Nil

List of exhibits marked for the complainant:-

Ex.A1.          Office copy of legal notice dated 29-01-2009 along with postal receipt and acknowledgement.

Ex.A2.          Lease deed (un-registered) dated 26-02-2007.

Ex.A3.          Saving Bank Account payee slip dated 06-01-2009 for deposited cheque.

Ex.A4.         Two ATM slips dated 07-01-2009 .

Ex.A5.         ATM slip dated 08-01-2009.

Ex.A6.         Five ATM slips dated 09-01-2009.

Ex.A7.         ATM slip dated 10-01-2009.

List  of exhibits marked for the opposite parties:   Nil

         Sd/-                                                             Sd/-

LADY MEMBER                                            PRESIDENT (FAC)    

               // Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties

Copy was made ready on                :

Copy was dispatched on          :