(Passed on 04/08/2022)
Passed by Shri Atul D. Alsi, Hon’ble President
1. The complainant is the Government contractor and therefore having bank account with O.P.-Bank to facilitate the banking transaction for payments of bill through NEFT and RTGS and through cheques in the business account bearing No. 960330110000011 at O.P.-Bank from last 20 years.
2. On 16/03/2018 the O.P. Bank debited the complainant’s account for Rs. 5,94,885/- without any intimation and authorization from the complainant and therefore, the complainant’s account become over due. The act of O.P.-Bank does amount to deficiency in service by debiting the complainant’s account for Rs. 5,94,885/- along with interest of Rs. 8,36,597/- on 21/03/2018. On 05/04/2018 for illegal act of the O.P.- Bank the complainant lodged a written complaint with O.P. – Bank in respect of wrongful recovery of the amount of Rs. 5,94,885/- along with interest. In fact no such amount has been credited by double credit entry of Rs. 5,94,885/- by the O.P-Bank and this fact has denied by the complainant. The recovery of amount along with interest for wrongful entry in respect of dishonor of cheque without giving any opportunity of hearing or without intimation or consent does amount to deficiency in service resulted in further dishonor of cheque issued by the complainant to the 3rd party for of short of balance. Therefore, the complainant issued legal notice through Adv. Mr. Kullarwar to re -deposit the amount of Rs. 5,94,885/- it is debited illegal along with interest but the O.P.-Bank failed to comply the notice. Hence, liable to pay the amount along with interest at the rate of 24% p.a. along with Rs.100/- per day compensation from 16/03/2018 till realization of the entire amount along with compensation for mental torture amounted to Rs. 1,00,000/- and Rs. 10,000/- towards cost of litigation.
3. The O.P. –Bank filed reply and denied allegations against it and submitted that the complainant deposited the cheque bearing No. 413377 dated 12/03/2012 amounted to Rs. 5,94,885/- in complainant’s account. After deposited of the said cheque the entry for inward clearing for the Bank of India cheques and outward clearing entry for other banks cheques are being credited. But the employee of O.P.-Bank by mistake sent the cheque as outward clearing and sole credit entry but after return of cheque by mistake the entry in inward return has been made and therefore, due mistake the floating entry of Rs. 5,94,885/- was unchanged. The complainant known the fact of credit entry of Rs. 5,94,885/- towards dishonor of cheque on the same day. Therefore, the complainant again presented the said cheque on 14/03/2012 for clearing and the amount has been credited in the complainant‘s account. As per new software installed as per direction of Reserve Bank of India the transaction of amount of Rs. 5,94,885/- has been credited in complainant’s account due to mistake in clearing of cheque and therefore the O.P.-Bank requested the complainant to return back the wrongly credited amount along with interest by issuing letter. The complainant failed to repay, therefore, the O.P.-Bank recovered the amount of Rs. 5,94,885/- along with interest for the utilization of money from the year 2012 to 2018. Therefore, the act of O.P.-Bank does not amount to deficiency of service. Hence, complaint is deserves to be dismissed with cost.
4. Counsel for the complainant argued that the O.P.-Bank has knowledge in respect of dishonor of cheque of Rs. 5,94,885/- on 12/03/2012 but the O.P.-Bank has recovered the amount after the period of six years from the complainant’s account without intimation and authorization and written consent. The O.P.-Bank has not intimated for dishonor of cheque along with written memo on 12/03/2012 which is mandatory obligation of the O.P.-Bank. The O.P.-Bank has internal and Reserve Bank of India Audit System but O.P.-Bank failed to disclose any such wrong entry from dishonor of cheque in the year 2012 till 2018 but illegally arbitrarily recovered the amount of dishonor cheque in the year 2018 and by keeping the complainant’s account on hold. Therefore, the complainant has to suffer financial loss and reputation in market. Therefore, the complaint is deserves to be allowed.
5. Counsel for the complainant is relying on judgment of Hon’ble National Commission reported in II(2014) CPJ 649(NC) in the case of Canara Bank Vs. Vasudharini, decided on 01/05/2014 holding that the bank act as custodian of public money and are accountable. The bank negligently and irresponsible deducted the amount without authorization it does amounts to deficiency in service and in another judgment passed by the Hon’ble National Commission, New Delhi in the case of Sutlej Textile and Industries Ltd. Vs. Punjab National Bank, reported in I(2010) CPJ 312 (NC) holding that the Consumer Forum has jurisdiction for allegations of deficiency in service in respect of fraud, forgery and cheating pertaining to the services against the service provider. The complainant based primarily on deficiency in service on part of bank, the jurisdiction of fora not ousted.
6. The counsel for the O.P. argued that the bank official by mistake credited the amount in complainant’s account against the dishonor of cheque. The complainant has known this fact but instead of return of amount to bank, the complainant utilized it for business purpose. The counsel for the O.P.-Bank argued that there is no system of audit balance in individual account holder but at the time of C.T.S. clearing it revealed that the amount of Rs. 5,94,885/- has been wrongly credited by mistake in the complainant’s bank account against the dishonor of cheque. Thereafter, issuing letter to redeposit the amount to the complainant, thereafter the bank recovered the amount of dishonor of cheque along with interest on 16/03/2018 from the complainant’s account. Hence, there is no deficiency on the part of the O.P.-Bank.
.REASONING
7. The complainant has cash credit business account for the work of contractor ship to facilitate the payment to the customer with O.P.-Bank. It is admitted fact that the O.P.-Bank has by mistake credited the amount of Rs. 5,94,885/- towards dishonor of complainant’s cheque bearing No. 413377 dated 12/03/2012 instead of debiting the amount in the complainant’s account. The complainant again deposited the said cheque after dishonor in the bank on 14/03/2012 and said cheque is honored. The complainant has certainly known the fact from the receipt of account statement on 27/03/2012 the wrongful credit entry has been carried by the O.P. bank towards dishonor of cheque. The complainant has also known the fact of wrong entry of credit from audited balance sheet from Charted Accountant every year but instead of return of amount to wrongful credit entry the complainant utilized the amount for business purpose. The O.P.-Bank as per Reserve Bank Audit which is carried after period of interval known the fact of wrongful credit of entry, issued a letter to redeposit the amount but complainant failed to redeposit the amount. Hence, the O.P. Bank recovered Rs. 5,94,885/- along with interest on 16/03/2018 from wrongful entry of dishonor of cheque on 12/03/2018 does not amounts to deficiency of service on the part of the O.P.-Bank. Therefore, there is no merit in the present complaint. Hence, case is dismissed as per following order.
ORDER
i. Complaint is dismissed. .
ii. No order as to costs.
iii. Copy of order be furnished to both the parties , free of cost.
