Rajasthan

StateCommission

A/403/2016

Sanjay Saini s/o Shri Ram - Complainant(s)

Versus

Bank of Baroda - Opp.Party(s)

Prem Parkash Bunkar

23 Sep 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 403/2016

 

Sanjay Saini s/o Shriram r/o Baniya wali Dhani,Bagad, Tehsil and Distt. Jhunjhunu.

Vs.

 

Bank of Baroda, Branch Bagad, Tehsil & Distt. Jhunjhunu through its Br. Manager

 

Date of Order 23.9.2016

 

Before:

 

Hon'ble Mr.Vinay Kumar Chawla-Presiding Member

Hon'ble Mrs. Sunita Ranka - Member

 

Mr. Prem Prakash counsel for the appellant

 

 

BY THE STATE COMMISSION

 

2

 

This appeal has been filed against the judgment dated 15.3.2016 passed by the learned DCF Jhunjhunu by which the complaint was allowed. This appeal has been filed for enhancement of the award.

 

The complainant was maintaining a SB a/c with the opposite party and had issued a cheque of Rs. 2059/- towards payment of a loan with HDFC Bank. This cheque was dishonoured by the opposite party on the ground of insufficiency of funds. The complainant alleged that there was sufficient balance in his account and cheque could not have been dishonoured. He filed a consumer complaint before the learned DCF. The opposite party submitted before the DCF that the cheque was dishonoured because wrong MICR code was entered but inadvertently it was said to have been dishonoured for insufficiency of funds. The DCF allowed the complaint and ordered that Rs. 450/- charged from the complainant as fee for dishonour of cheque should be returned.

 

The learned counsel for the appellant has submitted that the DCF has not awarded any compensation or cost to the

3

 

complainant. The respondents have not appeared before us despite notices.

 

We are in agreement with the contention of the learned counsel that cheque was wrongly dishonoured for insufficiency of funds. This harmed the credit reputation of the complainant. He had to engage a lawyer and file a consumer complaint and at the same time he had to pay Rs.450/- as charges of cheque dishonour. We are of the view that the DCF should have awarded compensation for this hardship and inconvenience to the complainant.

 

We allow the appeal and modify the order of the learned DCF. We order that respondent shall also pay a sum of Rs.10,000/- as compensation to the complainant alongwith Rs. 5100/- as cost of prosecution.

 

 

(Sunita Ranka) (Vinay Kumar Chawla)

Member Presiding Member

 

nm