DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. 411/2015
Date of Institution 07/06/2015
Order Reserved on 23/09/2016
Date of Order - 24/09/2016
In matter of
Mrs. Sushma Agarwal, adult
w/o- Sh Yogesh Agarwal
R/o-A-102, Radhey Shyam Park Extn.,
Delhi 110051…………….………………………………....………..…………….Complainant
Vs
The Branch Manager
Bank of Baroda,
Preet Vihar Branch,
Vikas Marg, Delhi 110092…..…………..……………………………………….Respondent
Complainant…………………………………..In Person
Opponent’s Advocates …………………..Umesh Chndra Shukla & Urmila Mishra
Quorum - Sh Sukhdev Singh- President
Dr P N Tiwari - Member
Mrs Harpreet Kaur- Member
Order by Dr P N Tiwari, Member
Brief Facts of the case
Complainant was having a saving bank account in OP bank vide saving account no. 41540100001579. She had deposited a sum of Rs 15,000/- as cash on 11/11/2014 at 10.30AM having her balance of Rs 800/-. At 12.34PM, she had a balance of 15,800/- in her account.
Complainant had issued a cheque of a sum of Rs 14,120/- on account of payment of electricity bill for the month of October, 2014 which was cleared by OP bank on the same day (11/11/2014) and leaving her balance of 1680/- as per her OP bank pass book entries.
On the same date, 11/11/2014, OP returned her cheque of Rs 14,120/ with remark as “outward return charges” and deducted Rs 337/- from her account leaving her balance Rs 15,463/- and shown credit balance Rs 15,463/- at 1,35 PM. She had complained to OP bank as she had sufficient balance on 11/11/2014 by depositing cash amount still her cheque was returned after deducting Rs 337/ as illegally showing OP’s deficiency in services. She had annexed zerox of her updated pass book, which was on record.
She even sent legal notice apart from meeting OP bank officials, but no satisfactory reply was given. Seeing deficiency in service of OP bank, filed this complaint claiming crediting the deducted amount of Rs 337/- with compensation for harassment and litigation charges.
Notice was served and OP submitted their written statement denying any deficiency on their part. OP stated that complainant was entitled to claim compensation u/s 14(1) (a) to (i) of C P Act, hence complaint be dismissed.
It was admitted that complainant had deposited a sum of Rs 15,000/- as cash on 11/11/2014, it was correct that her balance was 5800/- on 11/11/2014. It was submitted by OP that the said cheque issued for electricity charges came for clearance on the same date 11/11/2014 and was rejected by the computer /electronic process and assigned financial reason of fund insufficient and “ Refer to drawer”, but OP stated that complainant had deposited the amount afterward at base or non base branch.
OP had also stated that there may be possibilities of delay in verifying /entering of credited amount which had led the dishonoring the cheque. It was further stated that such types of difficulties were faced by both the parties. So, to avoid any further issues, mentioning of “Opening balance insufficient” head for non clearance of cheque. Later, the same cheque was cleared by OP.
Both the parties filed their evidences on affidavit which were on record. Arguments were heard from both the parties and order was reserved.
We have gone through all the facts and evidences on record. It was noted that the version of OP as the cash amount was deposited in non base bank and was not credited in her account in time does not sustain their defence as complainant had deposited the cash at the time of opening of bank counter and the balance shown at 12.34 pm was sufficient to clear the earlier issued cheque of Rs 14,120, but stating reasons of opening balance and subsequently rejecting the said cheque cannot be accepted as complainant had deposited the cash on the same day at 10.30 AM and had sufficient balance up to afternoon. The deduction cannot be said to be justified by OP bank. OP had not submitted their minute to minute level of transaction process in their written statement and in evidence. We have not seen any concrete evidence which can be sustained toward OP. If complainant had deposited cheque on the same day/11/11/2014, it could had been accepted for time delay in clearance, but here complainant had deposited her cash at the opening time of OP bank at 10.30 AM. Therefore, we have not seen any merit in the written statement and evidences brought before us in their defence.
Hence, we allow this complaint and pass the following order-
- OP will refund the deducted amount Rs 337/- with 6% interest from the date of filing of this complaint within 30 days from the receiving of this order.
- We also award a sum of Rs 2500/- for deficiency of services which caused harassment to the complainant. This will include the litigation charges also.
- We also pass direction to OP bank to take a note not to indulge such type of practices under such circumstance which could lead harassment to their valuable customers.
If the order is not complied in the time essence, the entire amount shall carry the same interest till realized.
The copy of this order be sent to the parties as per rules and file be consigned to the record room.
Mrs -Harpreet Kaur-Member (Dr) P N Tiwari - Member
Shri Sukhdev Singh - President
