Haryana

Ambala

CC/61/2013

PARDEEP KUMAR GOEL - Complainant(s)

Versus

BANK OF INDIA - Opp.Party(s)

ADIT AGGARWAL

23 Dec 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 61 of 2013

                                                          Date of Institution         : 20.03.2013.

                                                          Date of decision            :  23/12/2016

          Pardeep Kumar Goel S/o Sh. Hiteshwar Goel, aged about 49 years R/o 80-                 B/1, Ram Nagar, Ambala Cantt.

                                                                                        ……. Complainant.

          Bank of India, Rai Market, Ambala Cantonment Branch, Ambala through        it’s General Manager.

….…. Respondent.

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                             

Present:       Sh. Adit Aggarwal, counsel for the complainant.

                   Ms. Anjan Goel Adv for OP presence of OP vide repeart order dt(13-01-2017)

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant is maintaining a saving bank account bearing no. 671010100023588 with the OP Bank. On 05.09.2012, the complainant issued a cheque bearing no. 086534 dated 05.09.2012 in the sum of Rs. 4375/- favouring of Bajaj Finance Ltd. out of his above mentioned saving bank account and the drawee of the above mentioned cheque duly presented it for encashment in his bank namely Axis Bank, Ambala and said bank send the name to the respondent for encashment but the respondent did not clear said cheque and dishonored it giving the reasons as INSUFFICIENT FUNDS and the respondent returned the said cheque to its drawee alongwith the memo for insufficient funds dated 06.09.2012. Further submitted that the drawee of the said cheque approached the complainant and returned it to the complainant along with the memo issued by the respondent. The complainant was shocked and astonished to hear about the bouncing of the above mentioned cheque of Rs. 4375/- only due to insufficient funds as the balance in the saving bank account of the complainant at the relevant time was Rs. 10147/-. Further submitted that the complainant approached the respondent and informed him about his gross negligence/deficiency in banking services, the respondent responded that it is a petty matter as the respondent has to deal with hundreds of cheques on daily basis and the complainant should not waste his time for such things and instead issue another cheque and the complainant even wrote a letter to the respondent regarding non clearance of his cheque but till date nothing has been done in this regard. Further submitted that the complainant issued another cheque bearing no. 086535 dated 06.10.2012 in the sum of Rs. 4375/- and the respondent again dishonored the same by giving fake reason of insufficient funds only inspite of the fact that the complainant was maintaining sufficient funds in his bank account for clearing all the cheques issued by him. The respondent negligently and malignly dishonored the cheques of the complainant. Hence, the present complaint.

2.                Upon notice, OP  appeared and filed written statement submitting that the cheque No. 086534 dated 05.09.2012 was presented in the Bank and the said cheque was bearer and the account number in the said cheque was misread as 23988, whereas the Saving Bank Account of the complaint is 23588 and the cheque was presented in the clearing and in the account no. 23988, there were no funds in the account no. 23988 and the cheque was dishonoured due to insufficient funds. Further submitted that the another cheque no. 80535 was presented in October 2012 and due to the misreading the wrong account number again, the same was dishonoured and the above matter came to the notice of the respondent, the respondent transfer the amount of charges of M/s Bajaj Finance Limited. Further submitted that it is worth to mention here that in the register maintained by the respondent, the account number is written as SB-23988 of Axis Bank and thus there is no deficiency on the party of the respondent.

3                 To prove his version complainant tendered his affidavit as Annexure C-X  along with documents as annexure C-1 to C-4 and close his evidence. On the other hand, OP has filed to conclude their evidence inspite of availing various opportunities and same was closed by Court orders v.o.d. 04.08.2015.

4.                We have heard learned counsel for the complainant and carefully gone through the case file. The case of the complainant is that the cheque bearing                          no. 086534 dated 05.09.2012 amounting to Rs. 4375/- in favour of Bajaj Finance Ltd. as Annexure C-2 have been dishonoured by the OP due to INSUFFICIENT FUNDS Annexure C-1 while Bank Statement of the complainant Annexure C-3 clearly shows that the amount in the account of the complainant at the time of bouncing cheques is 10,147/- and the complainant issued another cheque bearing no. 086535 dated 06.12.2012 in the sum of Rs. 4375/- in favour of Bajaj Finance Ltd. but the respondent again dishonored the same by giving same reason. It has been admitted by the OP that the account number in the said cheques was misread as 23988, whereas the Saving Bank Account of the complainant is 23588 and the cheque was presented in the clearing and in the account no. 23988, there were no funds in the account no. 23988 and both cheques were dishonoured due to “INSUFFICIENT FUNDS”.  Perusal of document Annexure C-2, cheque issued by the complainant clearly mentioned the account no. 23588 which noway can be read as 23988 in any manner. This is clear cut negligence on the part of the opposite party not to read the account number of the complainant in exact manner whenever OP admitting the fact in their written statement that they have misread the account number of the complainant. This admission of the OP is self a grave deficiency in service on the part of OP.

                   Moreover, Op has rectified his mistake when the complainant send the application as Annexure C-4 dated 05.11.2012 then they have rectified their mistake and amount was transferred to M/s Bajaj Finance Limited in whose favour the complainant issued cheque but bank has failed to mentioned in the written statement when they have transferred the amount in favour of the drawer. In this way, complainant knowingly concealed the above said fact it tantamount to unfair trade practice on the part of the OP.  So, we have no hesitation to hold that OP is negligent in not providing proper services despite the fact that sufficient was amount lying in the account of the complainant. So, OP is liable to pay the compensation to the complainant.  In the totality of the fact and circumstance of the case, we have come to the conclusion that the complainant has been harassed at the hands of OP and thus we awarded the compensation to the complainant amounting to Rs. 5000/- for mental agony and harassment alongwith the costs of proceeding of Rs. 2000/-.

5.                In view of above discussion, the complaint is allowed with costs and OP is directed to comply with the following direction within thirty days from receipt of copy of the order:-

(i)      Also to pay a sum of Rs.5,000/- (five thousand only) on account of mental harassment & agony alongwith           costs of proceeding of Rs. 2000/- to the           complainant within stipulated period           mentioned above, in case of failure, the OP          will pay the interest to the complainant     on awarded amount of Rs.5000/- (five thousand only) at the rate of 12% per    annum form the date of complaint till its      realization.

                   Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on : 23.12.2016                                               Sd/-

                                                                                (D.N. ARORA)

                                                                                       President

 

                                 Sd/-

     (PUSHPENDER KUMAR)

                                                                                       Member