Haryana

Ambala

CC/6/2019

Balbir Singh - Complainant(s)

Versus

Bank of Baroda - Opp.Party(s)

B.S. Jaspal

12 Dec 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint Case No.: 06 of 2019.

                                                          Date of Institution           :   04.01.2019.

                                                          Date of decision    :   12.12.2019.

 

Balbir Singh Jaspal, son of Shri Gurbux Singh, age 52 years, resident of H.No.87-A, Model Town, Ambala City.  

                                                                             ……. Complainant.

                                                Versus

 

1. Bank of Baroda, Prem Nagar, Ambala City through its Branch Manager.
2. State Bank of India, Ambala City through its Branch Manager.
3. Head Post Office, Ambala City through its Post Master.
4. Post Office, Model Town, Ambala City through its Post Master.

 

           ..…..Opposite Parties.

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Shri B.S.Jaspal, Advocate, counsel for complainant.

Shri Anil Singla, Advocate, counsel for OP No.1.

OP No.2 already ex parte vide order dated 03.04.2019.

Shri R.K.Sobti, authorized representative for OPs No.3 and 4.

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund Rs.295/- alongwith interest @18% p.a. from the date of debit i.e. 05.12.2018 till its realization.
2. To pay Rs.50,000/- as compensation on account of mental agony & physical harassment suffered by him.
3. To pay Rs.25,000/- as litigation expenses.

 

Brief facts of the case are that the complainant had taken National Saving Certificates of Rs.80,000/- from the Post Office, Model Town, Ambala City of Rs.5,000/- each having certificates Nos.70DD070982, 70DD070983, 70DD070984, 70DD070985, and of Rs.10,000/- each having certificates Nos.21EF920348,  21EF920349, 21EF920350, 21EF920311, 21EF920312, 21EF920313. After the maturity of said certificates, the complainant visited the post office and deposited the said Saving Certificates with the post office. On the next date, postmaster had given the cheque bearing No.714068 of maturity amount of Rs.1,21,296/- of State Bank of India, from account No.1049907291. The complainant is having a saving account No.98120100002170 in the Bank of Baroda, Prem Nagar, Ambala City and had presented the above said cheque to the said bank for encashment. On 05.12.2018, the amount of Rs.1,21,296/- was credited in his account and on the same day, the said amount of Rs.1,21,296/- was debited from his account. Rs.295/- was also debited from his account as inward charges. On 06.12.2018, an amount of Rs.1,21,296/- was again credited in his account. By doing so, the OPs have caused him lot of inconvenience. Hence, the present complaint.  

2.                Upon notice, OP No.1 appeared through counsel and filed written version regarding preliminary objections regarding maintainability, not coming before this Forum with clean hands. On merits, it is stated that complainant is having Saving Account No. 98120100002170 with it and the cheque in question was presented for encashment by him, but the cheque in question was returned by the SBI, therefore, Rs.295/- was debited from the account of the complainant as per rules and instructions of the bank. There is no fault on the part of OP No.1, hence, the present complaint against it may kindly be dismissed with costs.

                   Upon notice, none has appeared on behalf of the OP No.2 before this Forum, therefore, he was proceeded against ex-parte vide order dated 03.04.2019.

                   Upon notice, OPs No.3 & 4 appeared through counsel and filed written version and raised preliminary objections regarding maintainability and cause of action. On merits, it is stated that after receiving the National Savings Certificates of Rs.80,000/- from the complainant for release of the maturity amount, they acted promptly and maturity amount of Rs.1,21,296/- was released vide cheque No.714068 dated 01.12.2018. Surprisingly, it is not known that as to why Bank of Baroda, debited the amount from the account of the complainant, after first crediting the amount to his savings account. It might have happened due to the negligent act of either of the bank i.e OP no.1 or OP No.2. They have nothing to do with the wrong done by the OP No.1 and 2. Thus, the complaint filed against them, may kindly be dismissed with costs.  

3.                The ld. counsel for the complainant tendered affidavit of complainant as Annexure CA alongwith documents as Annexure C-1 to C-3 and closed the evidence on behalf of complainant. On the other hand, learned counsel for OP No.1 tendered affidavit of Shri Shiv Ram Rattan Thakur, Sr. Manager, Bank of Baroda, Prem Nagar, Ambala City as Annexure OP1/A alongwith the documents Annexure OP1/1 to Annexure OP1/9 and closed the evidence on behalf of OP No.1. Authorized Representative for OPs No. 3 and 4 tendered affidavit of Ms. Radhika Dhir, Sr. Superintendent of Post Offices, Ambala as Annexure OP 3/A and closed the evidence on behalf of OPs No.3 and 4.

4.                We have heard the learned counsel for parties and have carefully gone through the case file as well as the written arguments filed by the learned counsel for the OP No.1.

5.                Admittedly, the OP No.3 and 4 issued a cheque of Rs.1,21,296/-  in favour of the complainant drawn on State Bank of India. From the pass-book, Annexure C-3, it is evident that complainant is having his savings account with the OP No.1. From the perusal of the entries made in the passbook, it is evident that on 05.12.2018, an amount of Rs. 1,21,296/- was credited in the account of the complainant, and the said amount was debited alongwith Rs.295/- as inward charges by the OP No.1 on 05.12.2018 itself. The amount of Rs.1,21,296/- was again credited in the account of the complainant on 06.12.2018. The Ld. counsel for the OP No.1 has contended that on receiving the cheque from the complainant, it was presented to the SBI Bank i.e. OP No.2 for clearance. Despite, the fact that original cheque was already sent to the OP No.2, it refused to encash the cheque on the ground that original cheque is required for clearance, as a result whereof, an amount of Rs.295/- was debited as inward charges from the account of the complainant. Thereafter, the cheque in question was encashed by the OP No.2 and it credited the amount of Rs.1,21,296/- in the account of the complainant. As such, it has not committed any deficiency in service. This contention of the Ld. counsel of the OP No.1 has gone un-rebutted as the OP No.2 preferred not to appear before this Forum as such adverse inference can be drawn that the OP No.2 has nothing to say in its defence and we have no option to disbelieve the contention of the Learned Counsel for the OP No.1. Once the OP No.1 had sent the original cheque to the OP No.2, for encashment, then it was not justified to not to encash the same. Even the OP No.1 was not justified to debit the amount of Rs.295/- from the account of the complainant. The OP No.1 is thus liable to credit the amount of Rs.295/- in the account of the complainant alongwith interest. The OPs No.1 & 2 are also liable to compensate the complainant for the mental agony and physical harassment caused to him. The complaint filed against OPs No.3 & 4 is liable to be dismissed because they have performed their duties diligently by issuing the cheque of the maturity amount.

6.                          In view of the aforesaid discussion, we hereby dismiss the complaint against OPs No.3 & 4 and allow the same against OPs No.1 & 2. The OPs No.1 & 2 are directed in the following manners:-

1. The OP No.1 is directed to credit the amount of Rs.295/- alongwith interest @7% p.a. w.e.f. 05.12.2018 i.e. the date on which the amount of Rs.295/- was debited from the account of the complainant till its realization.
2. The OPs No.1 & 2 are jointly and severally directed to pay Rs.5,000/- as compensation on account of mental agony & physical harassment suffered by his including litigation expense.

 

                   The OPs No.1 & 2 are further directed to comply with the aforesaid directions, within the period of 30 days from the date of receipt of the certified copy of this order. Certified copies of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :12.12.2019.

 

 

          (Vinod Kumar Sharma)        (Ruby Sharma)                   (Neena Sandhu)

              Member                             Member                            President