PER MR.B.S.WASEKAR, HON’BLE PRESIDENT 

1)                The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986. According to the complainant, Cheque No.448499 for Rs.18,09,200/- was deposited with the O.P./Bank on 5^th July, 2012 for credit on the account of the complainant bearing No.003520110000607. Thereafter, the complainant issued two cheques dated 6^th July, 2012 for Rs.10 Lakhs and Rs.9 Lakhs in favour of Kamal Khandlwal.  Those cheques came for encashment in the clearing on 7^th July, 2012.  the O.P./Bank informed the complainant that there are no funds.  The complainant made enquiry with the Chief Manger but there was no satisfactorily reply.  The complainant came to know that the cheque which was deposited on 5^th July, 2012 for clearance was sent for clearance on 7^th July, 2012.  Due to negligence of the O.P./Bank there was no credit in the account of the complainant.  The cheques issued in favour of Shri Khandelwal were returned due to negligence of the O.P./Bank. Therefore, the complainant has filed this complaint for compensation for Rs.19 Lakhs and cost of proceeding of Rs.25,000/-.

2)                The O.P./Bank appeared and filed written statement.  It is submitted that the complaint is filed by Mr.S.K.Tapuriah.  There is no Board Resolution in favour of Mr.Tapuriya.  Mr.Tapuriya has no authority to file this complaint therefore the complaint is liable to be dismissed with cost.  The cheque was deposited on 5^th July, 2012 and sent for clearance on next day i.e. 6^th July, 2012.  In normal course, credit will be given on 8^th July, 2012 but it was Sunday therefore amount was credited on 9^th July, 2012.  The complaint is false therefore it is liable to be dismissed with cost.

3)                After hearing both the parties and after going through the record, following points arise for our consideration

POINTS

REASONS

4) As to Point No.1 :-  The complainant is the Private Limited Company and the complaint is signed by Shri S.K. Tapuriah.  According to the opponent, Shri Tapuriah has no authority to file this complaint.  There is no Board Resolution.  On the other hand, it is submitted by the complainant that he is the C.E.O. of the Complainant therefore the complaint is signed by him.  The learned advocate for the opponent has placed reliance on the judgment of Hon’ble Supreme Court in the case of State Bank of Travancore –Versus- Kingston Computers, reported in 2011(11) SCC 524. In that judgment, the complainant was not authorized by the Company and the suit was filed in the Court on behalf of Company. The present complaint is filed under the Consumer Protection Act. Therefore, it is necessary to see whether the complainant is the consumer.  Admittedly, the complainant got account with the O.P./Bank.  The complainant is the private limited company.  The complaint is signed by Shri S.K. Tapuriah.  Shri Tapuriah filed affidavit along with the complaint saying that he is the C.E.O. of the complainant.  The O.P./Bank filed copy of the application form for opening account with the O.P./Bank in the name of Complainant/ Company.  On going through this application, it is clear that the O.P./Bank was requested to open the account in the name of the Company.  As per application form, account is to be operated singly by Mr.S.K.Tapuriah, Applicant No.1.  From this application, it is clear that Shri S.K.Tapuriah is the authorized person to operate the account on behalf of the complainant company.  Therefore, Shri Tapuriah has rightly signed the complaint on behalf of the complainant company.

5) As to Point No.2 & 3:- There is no dispute that the complainant deposited the cheque for Rs.18,09,200/- with the O.P./Bank for encashment in the account of the complainant.  The O.P./Bank has admitted that the cheque was deposited on 5^th July, 2012. The complainant has produced one letter issued by Chief Manager of the O.P./Bank, Mumbai Main Branch dated 18^th June, 2014.  As per this letter, the funds against the cheque deposited will be available on the 3^rd day of deposit.  The O.P./Bank has also filed Bank’s Cheque Collection Policy alongwith the additional evidence on affidavit. As per this policy, fund will be available on 3^rd day of deposit of cheque.  Admittedly, the complainant deposited the cheque on 5^th July, 2012 therefore the funds should be available on 7^th July, 2012.  As per statement of account, the fund was made available on 9^th July, 2012 and not on 7^th July, 2012.  As per the additional affidavit of evidence filed by the O.P./Bank, it was Saturday on 7^th July, 2012 and the clearing house do not work for the full day therefore cheque was cleared on 9^th July, 2012 as it was Sunday on 8^th July, 2012.  As per procedure, fund must be available on 3^rd day of deposit.  The Bank can not give excuse by saying that Saturday was not the full working day.  Therefore, there is apparently deficiency in service on the part of the O.P./Bank.

6)                The complainant has claimed compensation of Rs.19 Lakhs which is apparently exorbitant. As per Banks’ Cheque Collection Policy, if there is delay for four to seven days, then the Bank is liable to pay interest at the rate of savings bank account interest.  In this complaint, there is delay of two days.  Therefore, the O.P./Bank is liable to pay interest for two days to the complainant which comes to Rs.595/-. As there is apparent deficiency in service on the part of the opponent, the opponent is also liable to pay further compensation.  We think awarding compensation of Rs.15,000/- will be reasonable compensation.  Besides this, the complainant is also entitled for the cost of this proceeding Rs.5,000/-.  Hence, we proceed to pass the following order.

ORDER

1. Complaint is partly allowed.
2. The O.P./Bank is directed to pay Rs.595/- (Rs.Five Hundred Ninety Five Only) to the complainant towards the interest on the amount of cheque deposited by the complainant with it.
3. The O.P./Bank is also directed to pay Rs.15,000/- (Rs. Fifteen Thousand Only) to the complainant towards compensation.
4. The O.P./Bank is further directed to pay Rs.5,000/- (Rs.Five Thousand Only) to the complainant as cost of this proceeding.
5. The above order shall be complied with within a period of one month from today.
6. Copies of this order be sent to the parties free of cost.

Pronounced on 14^th November, 2014