Order-19.
Date-14/05/2015.
Complainant Anirban Roy by filing this complaint on 27.10.2014 alleged that he is the Savings Bank Account Holder being A/C No. 400010110004060 to Bank of India, Kolkata Main Branch located at N.S. Road, Kolkata – 700001 and in the said bank he submitted one cheque being No. 227471, having cheque amount of Rs. 980/- of Punjab National Bank Branch, Sealdah having cheque dated 14.02.2014 and date of deposit on 28.03.2014 to the op Bank for clearance.
Usually takes for three days for clearance and fund is transmitted to the account. But in this case the same did not happen and on the first week of April-2014, complainant made an enquiry with the Branch and bank people stated that there was no trace of the cheque. Subsequently complainant wrote a letter to RBI on 10.04.2014 and they replied that complainant’s complaint had been referred to the concerned branch for resolution. Thereafter complainant visited the op’s bank branch but received no clarification. After that met Chief Manager other time about where about of the cheque and about encashment, but no fruitful solution was made and in fact never entertained the complainant for searching out the cheque and in such a manner about two months when completed suddenly on 27.05.2014 complainant received a Speed Post containing the said cheque with note that instrument had become more than three months old and in pencil mark on the reverse it is noted “mutilated cheque”.
But fact remains that when it was deposited the cheque was absolutely fine and when it came back it was torn from one side and for such sort of negligent and deficient manner of service and for harassing the complainant in such a manner and make the cheque mutilated, complainant has prayed for redressal and compensation etc.
On the other hand op by filing written statement submitted that the allegation is false and fabricated. There is no question of harassment or negligent and deficient manner of service by the op or ops’ staff. But it is admitted that the cheque was deposited. But when it was to be processed for encashment, it was found that the cheque was mutilated. So, it could not be honoured and same cheque was sent to the complainant with such information and it was done as per norms, rules and regulation and further submitted that the customers are properly entertained by the employees of the op and in fact complainant without verifying the condition of the cheque, dropped it into the dropped box and after collecting the cheque noticed the condition of the cheque and op thereafter informed the said incident to the complainant and after knowing the same the complainant deposited the said cheque again but due to cross the time limit it was also not possible for the bank to honour the same.
Complainant met with higher authority of Bank and being a valuable customer and short amount also bank wanted to give the said dishonoured amount to the complainant on humanitarian ground. But complainant refused to take the same and claimed more money. Complainant on several occasion asked the op bank to collect the said amount only with savings bank rate interest on and from date of presentation of the said cheque, but the complainant did not give any positive response.
But the complainant due to hope of getting much more money filed this complaint before this Forum and claim Rs. 10 lakhs only against the cheque amount of Rs. 980/-. So, the entire claim of the complainant is false and fabricated. In the above circumstances op has prayed for dismissal of this case.
Decision with reasons
On proper consideration of the complaint and the written version and further hearing the argument of the Ld. Lawyer of the op, it is found that it is undisputed fact that the cheque was deposited by the complainant on 28.03.2014 to the op’s Bank and it is admitted by the op that op sent that cheque with intimation to the complainant on 27.05.2014 informing that instrument had become more than three months old and it is mutilated then.
But fact remains that before that complainant for two months loitered in the arena of the Bank, met with all officers, but they submitted that the cheque could not be traced out which is evidence from the fact that when complainant failed to get any result within 7 days, thereafter within 12 days he informed the matter to RBI and thereafter RBI sent the complaint to the op’s Bank. But even then op was silent and did not give any answer. It indicates that the op somehow or otherwise to save the skin after receipt of the complaint through RBI mutilated the cheque and in the meantime the youthful cheque became three months old at the hands of the op.
But in the written statement there is no explanation for what reason they did not report the same within three days that the cheque was mutilated. At the same time it is proved that the complainant has been continuously harassed for two months by the op and that is proved and when the complaint of the complainant through RBI was received by the op Bank, then they managed to mutilate the cheque and it is the common practice of all the banks and in so many cases this type of instance was observed by this Forum. Fact remains that if actually there is no mutilation, invariably within three days, the matter ought to have been informed to the complainant, but that was not done.
Another factor is that the period for encashment was expired at the hands of the op. Op Bank has failed to say for what reason it was kept for two months before sending the same with a note that three months expired from the date of openness of the cheque and it was mutilated. That means they have their no defence in the op’s written version about two months loitering by the complainant in the op’s Bank and meeting with all the officers and why no result was given.
After through study of the written version of the op, it is found that in this regard they are very silent. In indicates that this op no doubt misbehaved with the complainant, service was not given as customer, as customer he was not properly attended by the op and for two months, they were playing cards in the Bank and after receipt of the complaint of the complainant through RBI, they searched the story by mutilating the cheque and writing the note that it is mutilated and three months lost.
But fact remains that the cheque was made aged/old at the hands of the op Bank. But it is admitted fact that the cheque was of dated 14.02.2014 and it was submitted on 28.03.2014. So time was there in the hands of the op to encash it, but they did not pay any heed to the grievance of the complainant and ultimately making the said cheque old and mutilated as they sent it on 27.05.2014 i.e. after lapse of two months from the date of deposit of the cheque i.e. on 28.04.2014 and discharged their liability and no doubt it is a dishonest practice on the part of the op Bank and their employees.
Undisputed fact is that Bank employees are very careless, reckless about their function and they are not in a mood to give any redressal to the customer, not even their officers are in a mood to resolve the problem of the customer. They are always showing their index, telling go to Court and decide the matter because in their hands there are so many procedure to make a cheque invalid by dropping ink, by penning through some portion, by pressing the cheque making torn and all those procedures have been followed by the Bank employees when it is found that their fault is already proved. So the Bank authority is given a direction to the employees to adopt all vices to make the cheque damaged and handed over to the customer. This procedure has been adopted which is evident from the written statement. There is no honest explanation or any explanation about the delay of two months from the date of receipt of the cheque. One idiot even can believe that on receipt of the cheque, they took two months for reporting the cheque is mutilated.
But fact remains that three months old cheque was made by the op and by their hands. So, it is proved that dishonest manner of service and negligent manner of service was taken by the op which is proved beyond any manner of doubt in this case. Anyhow in the written statement op has tried to convince that they are willing to return Rs. 980/- with savings bank interest. But most interesting factor is that long prior ot 27.05.2014 the grievance of the complainant can be properly resolved by the Bank. But Bank did not care for that and when complainant appeared before this Forum for relief, then Bank realized that their fault shall be proved and they shall be penalized for which to save their skin like that bank they are willing to return the entire cheque amount but such a plea cannot be accepted when dishonest service and negligent manner of service on the part of the op is proved and at the same time the said cheque was made three months old at the hands of the op it is proved. Cheque was mutilated with a purpose to prove that it cannot be encashed for which it was returned. But it was mutilated by the staff hands of the op’s Bank.
Another factor is that for a cheque of Rs. 980/- complainant has been harassed for two months. If it is the corporate practice then invariably the bank should be penalized for such sort of malpractice. This Forum has in so many judgements pointed out different type of mal-practices by the op Bank or any staff or by the Bank authority and in other cases bank authority realized and paid penalty etc. and this Forum directed to all the Banks to be more human, social and at the same time moral in discharging their delayed duties because they are employed to serve the people of India and their employment was continued so long that the people of India shall have to use the bank by investing money, by depositing money, if people of India withdraw their money, bank shall be a abundant cowshed.
Probably bank administration is not aware of the consumer economy. They have not gone through such subject all over the world all the nobel customers have confirmed that bank or LIC cannot be run without giving proper service to the customer because on the basis of the customer, bank run their business.
In the light of the above observation and also considering the subsequent confession of the ops in the written statement that they are willing to return the entire cheque amount of Rs. 980/-. So, we are confirmed that fault in respect of negligent manner of service or deficiency on the part of the op is well proved.
In the result, the complaint succeeds.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest with cost of Rs. 1,500/- against the op.
Op is directed to pay a sum of Rs. 5,000/- as compensation for causing mental pain and suffering and also for adopting deceitful manner of service by mutilating the cheque and also for making the cheque as three months old one and further for taking such sort of immoral path to save their skin and make the complainant accused.
Op shall have to pay the entire amount of Rs. 980/- as they have admitted to pay. But the entire decretal amount such as litigation cost of Rs. 1,500/- + compensation of Rs. 5,000/- + cheque amount of Rs. 980/- in total Rs. 7,480/- shall have to pay within one month from the date of this order failing which for disobeyance of the Forum’s order, op shall have to pay penal damages at the rate Rs. 200/- per day till full satisfaction of the decree and if it is collected, same shall be deposited to this Forum and even if it is found that op is reluctant to comply the order in that case penal proceeding u/s 27 of C.P. Act 1986 shall be started for which further penalty and fine may be imposed.
