BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.386 of 2018
Date of Instt. 17.09.2018
Date of Decision: 02.07.2019
1. Sh. Sanjeev Kumar Chauhan S/o Sh. Chaman Lal Chauhan.
2. Smt. Reeta W/o Sh. Sanjeev Kumar Chauhan, both resident of 33/1, Guru Nanak Nagar, Post Office Model Town, Jalandhar-144003.
3. Sh. Brij Bhushan Marwaha S/o Sh. Kasturi Lal Marwaha R/o 99-A, New Jawahar Nagar, Jalandhar-144001. Mobile No.9876051039.
..........Complainants
Versus
1. Axis Bank Ltd. through its Chairman/MD, Regd.-cum-Corporate Office: Axis House, C-2, Wadia International Centre, Pandurang Budhkar Marg, WORLI, Mumbai-400025.
2. Axis Bank Ltd. through its Branch Manager, Main Branch, SCO 30-31, PUDA Complex, Opposite Tehsil Complex, Ladowali Road, Jalandhar-144001.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Jyotsna (Member)
Present: Sh. Arun K. Walia, Adv Counsel for the Complainants.
OPs exparte.
Order
Karnail Singh (President)
1. This complaint has been filed by the complainants, wherein alleged that the OPs are providing banking service to the general public for consideration. The complainants having a joint Account No.155010100000842 with the OP No.2. The Complainant No.3 issued a cheque bearing No.220404 dated 24.04.2018 for Rs.1,50,000/- in favour of SBI MAGNUM TAX GAIN out of the above mentioned account. Upon the presentation of the above said cheque of the complainant No.3, received a call from OP No.2 and complainant No.3 confirmed about the issuance of the above said cheque and asked to clear/pay it.
2. That on the presentation of the above said cheque for encashment by the concerned official of SBI Mutual Fund through its Bankers on 18.05.2018, the same was dishonored by returning the same by the OP No.2 for the reason ‘Funds Insufficient’. There is sufficient balance lying in the account of the complainant with the OP No.2 on 18.05.2018 i.e. the balance was Rs.1,72,107.63 Cr. in the account. The complainants have already completed all the formalities with regard to the above said account with the OPs. The OPs has also illegally charged Rs.500/- and Rs.90/- as GST against this illegally dishonoring of the cheque on 16.06.2018 with the above mentioned account of the complainants. The concerned Registrar and Transfer Agent, Computer Age Management Services Pvt. Ltd. of SBI Mutual Fund, vide its letter No.SBIMF/RECON/104948 dated 11.06.2018, Folio No.20268128 returned the cheque bearing No.220404 dated 24.04.2018 for Rs.1,50,000/- along with copy of letter they received from their Banker i.e. HDFC Bank Ltd. alongwith copy of Return Instrument Advice Processed Under CTS Clearing to the complainant No.1. The complainant No.3 on the receipt of the above mentioned letter dated 11.06.2018 from Registrar & Transfer Agent lodged a complaint to the OP through email by written representation in the month of July 2018. The OPs on the receipt of the complaints of the complainant No.3 reversed the charges of Rs.500/- only in the accounts of the complainants on 19.07.2018. Due to the above mentioned facts, the complainants suffered mental tension, harassment, defame in the society, loss of reputation, financial loss etc. and the complainants assessed the same to the tune of Rs.4,99,000/- in all in terms of money. Due to the above mentioned facts, there is a deficiency in service, unfair trade practice and negligence on the part of the OPs, which gave rise to file the present complaint with the prayer that the complaint the complainant may be accepted and OPs be directed to pay Rs.4,99,000/- in all in terms of money to the complainants and as compensation for mental tension, harassment, defame in the society, loss of reputation, financial loss etc., caused due to the above said deficiency, negligence and unfair trade practice on the part of the OPs with regards to return of the above said cheques.
3. Notice of the complaint was given to the OPs, but despite service both the OPs did not come present and ultimately, they were proceeded against exparte.
4. In order to prove his exparte claim, the counsel for the complainants tendered into evidence affidavit of the complainant Ex.CA alongwith some documents Ex.C-1 to Ex.C-12 and closed the evidence.
5. We have heard the learned counsel for the complainants and also gone through the case file very minutely.
6. In nutshell, the case set up by the complainants is that they are having joint account bearing No.155010100000842 with the OP No.2 and Complainant No.3 submitted a cheque bearing No.220404 dated 24.04.2018 for Rs.1,50,000/- in favour of SBI Magnum Tax Gain from the accounts of the complainants and when the said cheque was presented by the SBI Magnum Tax Gain, through their banker, with the bank of the complainant the same was returned with the remarks “Funds Insufficient” and accordingly, the same was received by the complainant from SBI Magnum Tax Gain. On enquiry, the complainants came to know that there was sufficient fund to the tune of Rs.1,72,107.63 on 18.05.2018 in the account of the complainant, but OPs with malafide intention and negligence returned the said cheque, whereby caused mental tension, harassment and lower down the reputation of the complainants in the society and as such, the complainants make a request for compensation of Rs.4,99,000/- in lump-sum.
7. In this complaint, the OPs despite service did not bother to appear to contest the instant complaint, so, version of the complainant remained un-rebutted and un-challenged, even then the same is required to glance very deeply.
8. From the scrutiny of the pleadings as well as documents, it reveals that the complainant brought on the file photostat copy of the cheque Ex.C-1 and the same was returned by the banker of the SBI Magnum Tax Gain i.e. HDFC Bank and memo of the said banker of the SBI Magnum Tax Gain is Ex.C-6, wherein a remarks for return of the cheque has been given “Funds Insufficient”. This version of the complainant is further supported by photostat copy of statement of account of the complainant’s bank i.e. Axis Bank Ex.C-12, wherein the balance lying in the account of the complainant on 01.05.2018 to 08.06.2018 have been shown Rs.1,72,107.63 to Rs.1,71,622.31, so, it means there was a sufficient funds available in the account of the complainants on the day of presentation of the said cheque, but the OP for the best known reason dishonored the same without giving any specific other reason, even there was an opportunity with the OP to appear in this Forum and to give explanation why the said cheque dishonored, but they intentionally and willingly not appeared and as such, we find that there is a deficiency in service on the part of the OPs, which is also admitted by the OPs in response to the email of the complainants, vide email Ex.C-11, wherein categorically stated as “I am looking into your concerns and will revert to you with the status by July 21, 2018”, but despite giving the aforesaid date to the complainants, the OPs did not bother to settle the matter with the complainants and as such, we came to conclusion that complainants are entitled for the relief.
9. In the light of above detailed discussion, the complaint of the complainant exparte, partly accepted and OPs are directed to pay a lump-sum compensation for causing mental tension, harassment and loss of reputation to the complainant, to the tune of Rs.30,000/-. The aforesaid amount be disbursed to the complainant within one month from the date of receipt of the copy of order, failing which the complainant will further entitle to get interest on the aforesaid amount of Rs.30,000/- @ 9% per annum from the date of filing complaint i.e. 17.09.2018, till realization. This complaint could not be decided within stipulated time frame due to rush of work.
10. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Karnail Singh
02.07.2019 Member President
