Delhi

East Delhi

CC/117/2016

ANIL JAIN - Complainant(s)

Versus

BANK OF BARODA - Opp.Party(s)

15 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO.  117/16

 

Sh Anil Jain,

S/o Late Sh. R.K. Jain,

R/o E-68, Gali No. 12,

West Azad Nagar, Delhi-51                                               

….Complainant

 

Vs.

 

 

1. The Manager

Bank of Baroda,

Jheel Khuranja, Dlehi                                      

  …Opponents

 

 

Date of Institution: 10.03.2016

Order Reserved on: 15.1.2019

Order Pronouced:24.01.2019

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Mrs. Harpreet Kaur Charya (Member)

 

Order By: Mrs. Harpreet Kaur Charya (Member)

 

Order

            Jurisdiction of this forum has been invoked by Shri Anil Jain, the complainant against the Manager, Bank of Baroda with prayer for passing an award of Rs. 4,25,000/- against the OP, out of which Rs. 2,00,000/- as compensation for mental agony along with cost of  complaint.

Facts of the complaint are that the complainant is running a business in the name and style of M/s Kanta Kreations, which was earlier in the name of M/s Padmawati Textiles. The complainant issued two cheques bearing number 000039 and 000040 dated 17.01.2016 for Rs. 40,000/- and            Rs. 20,000/- respectively against his liability in favour of M/s Bonanza Port Folio Ltd., Daryaganj, Delhi. It has been stated that there were sufficient funds in the account maintained by the complainant to meet the aforesaid liability and his account was debited by OP on 19.01.2016. An amount of  Rs. 40,000/- was duly transferred to M/s Bonanza Port Folio Ltd., Daryaganj, Delhi. As far as (cheque bearing number 000040) for an amount of Rs. 20,000/- was concerned , it was debited from the account of the complainant but was not transferred/ released in favour of M/s Bonanza Port Folio Ltd., Daryaganj, Delhi for which several requests were made by the complainant. The complainant has stated that OP failed to disclose the fact as to whom an amount of Rs. 20,000/- was released. The complainant received a message on his mobile phone regarding the debit of Rs. 20,000/- despite the fact that the said cheque bearing number 000040 was returned to M/s Bonanza Port Folio Ltd. along with Return memo of dated 16.02.2016. The complainant has further stated that the act/ omission of OP has affected his dealings with M/s Bonanza Port Folio Ltd. Daryaganj and has impacted his goodwill and reputation  adversely as M/s Bonanza Post  Folio Ltd, Daryaganj have refused further dealings without advance payment of         Rs. 3,00,000/-.

The complainant has annexed the passbook, copy of the cheque bearing No. 000040 for Rs. 20,000/-, copy of return memorandum for the same cheque with the complaint.

2.         Written statement was filed by OP upon service of summon in the present complaint wherein they have taken several pleas in their defence such as; non-joinder of Punjab National Bank i.e. the presenting bank of the cheque bearing NO. 000040 of Rs. 20,000/- and M/s Bonanza Port Folio Ltd., Daryaganj; it was submitted that OP, through its service branch had cleared cheque amount of 18.01.2016 and accordingly the account of the complainant was debited and the same was transferred to the presenting bank on 19.01.2016 and there was no occasion for dishonour of cheque in question and it was the duty of the presenting bank Punjab National Bank to credit the account of its customer (M/s Bonanza Port Folio Ltd.). It was further submitted that as per the RBI guidelines, the cheque once being cleared through electronic image is sent to service branch of the payor bank and the presenting bank keeps the physical possession of the cheque and the entire transaction details are electronically recorded on the right side margin of the cheque image. It was further submitted that it was the duty of the presenting/ collecting bank, Punjab National Bank in the instant complaint to credit the amount of M/s Bonanza Port Folio Ltd. Thus no deficiency could be attributed on their part. Rest of the contents of the complaint were denied, seeking dismissal of the complaint.

Electronic image of the cheque as Annexure OP/1, statement of account of the complainant as Annexure OP/2 and copy of internal correspondence of OP with Bank of Baroda City Back office as Annexure OP/3 have been annexed with their reply.

Evidence by way of affidavit was field by the complaint where he has got himself examined and has deposed on oath, the contents of the complaint. He has also got exhibited the copy of bank passbook Ex. CW1/A, copy of cheque bearing No. 000040 as Ex. CW1/B.

Shri Madan Lal (employee code No. 45376) Chief Manager, Bank of Baroda was examined on behalf of OP, he has also reiterated the averments made in their WS and has relied upon the RBI guidelines as Ex. OPW1/1, statement of account of the complainant as Ex. OPW1/2, authenticated copy of internal correspondence of OP with Bank of Baroda as Ex. OPW1/3.

We have heard the submissions on behalf of Ld. Counsel for OP and have perused the material placed on record. The allegation of the complainant is that his account with OP was debited by Rs. 20,000/- in pursuance of the cheque issued by him, but the said cheque bearing             No. 000040 was returned as dishonoured by the presenting Bank (PNB) to the payee, M/s Bonanza Port Folio Ltd. In the present complaint the OP has discharged their onus by proving that they had rightly debited the account of the complainant by placing on record Ex. OPW1/3, which is the image of the cheque issued by the complainant with notings. However an amount of Rs. 20,000/- has been debited from the account of the complainant which was not been transferred in the account of the payee by the presenting bank remains unanswered as the presenting bank Punjab National Bank and the payee M/s Bonanza Port Folio Ltd., Daryaganj are not the parties to the present complaint. Even the complainant has neither filed any affidavit of the payee i.e. M/s Bonanza Port Folio Ltd., Daryaganj to prove his allegations. The complainant failed to prove his complaint. Thus, the present complaint is dismissed being devoid of merit, without order to cost.

            Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

(DR. P.N. TIWARI)                          (HARPREET KAUR CHARYA)     Member                                                  Member

 

 

(SUKHDEV SINGH)

          President