ORAL

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No.1519 of 2010

1- Punjab National Bank, Branch

    Maunath Bhanjan, District Mau

    through its Senior Manager.  

2- Punjab National Bank, Regional 

    Office, S-20/56, D, Mall Road,

    Varanasi Cantt. District, Varanasi.

3- Punjab National Bank, Head Office,

    7, Bhikaiji Cama Place, African

    Avenue, New Delhi.                                  …Appellants.

Versus

Smt. Bindu Devi w/o Late Harendra Kumar,

R/o Bhiti, Pargana, Qasba and City Maunath

Bhanjan, Tehsil Sadar, District Mau.            .…Respondent.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Smt. Sudha Upadyay, Member.

Sri S.M. Bajpai, Advocate for appellants.

Sri Rahul Srivastava, Advocate for the respondent.

Date  1.5.2024

JUDGMENT

Per Sri Sushil Kumar,  Member-   This appeal has been directed against the judgment and order dated 2.8.2010 passed by the Ld. District Consumer Forum, Mau in complaint case no.01 of 2006, Smt. Bindu Devi vs. Punjab National Bank & ors.,  whereby the ld. District Consumer Forum allowed the complaint and directed the appellant   to pay Rs.15450.00 alongwith interest @ 9% p.a. to the complainant.

As per the allegation of the complainant, she has a S.B. Account no.17430 with Punjab National Bank/opposite party no.1. She deposited a cheque amounting to Rs.3,450.00 on

17.2.2003 in the bank/opposite party no.1. The cheque was issued by Canara Bank, New Delhi but the amount of cheque was not deposited in the account of the complainant. Hence, the complainant filed a complaint which was allowed by the ld. District Consumer Forum.

The ld. counsel for the appellant submitted that the complainant has not submitted any genuine document to support her allegations. The ld. Forum without considering the appellant’s reply wrongly appreciated the complainant’s version and allowed the complaint for total payment of the cheque amounting to Rs.3,450.00 alongwith very high compensation of Rs.10,000.00 and expenses of Rs.2,000.00 at a very high rate of interest.

On perusal of the judgment of the ld. District Consumer Forum, this fact reveals that a cheque amounting to Rs.3,450.00 was deposited in the bank/opposite party no.1 on 17.2.2003 and the opposite party no.1 issued a receipt to the complainant and the ld. District Consumer Forum considered this document as genuine proof of deposition of the cheque with the opposite party no.1. This fact is admitted by the bank itself that no amount was realized and deposited in the account of the complainant. Therefore, this fact is established that the cheque was deposited but the bank fails to realise the amount of cheque and deposited  the same in the complainant’s account. But, to pay whole amount which was mentioned in the cheque i.e. Rs.3,450.00 is invalid order because the amount of cheque remains with the Canara Bank. This amount never realized by the appellant bank, hence Canara Bank can issue another cheque to the complainant on submission of certificate which may issued by the appellant bank in favour of the complainant that the cheque amount was not realized but, since the bank fails to provide the satisfactory services to the complainant by not collecting the amount of cheque, hence, the bank may be held liable for deficiency in service. Since the amount of cheque is only Rs.3,450.00 then it was not proper to impose the compensation of Rs.10,000.00 against the bank. This compensation amount may be reduced from Rs.10,000.00 to Rs.2,000.00 genuinely. Thus, as discussed above, the appeal is liable to be allowed to the same extent and the judgment and order passed by the ld. District Consumer Forum deserves to be modified.      

ORDER

          Appeal is allowed partially. The judgment and order passed by the ld. District Consumer Forum is modified to this extent that they will pay Rs.2,000.00 as compensation and cost of lis Rs.2,000.00 to the respondent/complainant within three months. It is further directed that the appellant bank shall issue a certificate in favour of the complainant within 15 days that the cheque amount of Rs.3,450.00 was not realized and upon receiving the certificate, the complainant may submit this certificate before the Canara Bank and the Canara Bank after receiving the certificate may issue a fresh cheque in favour of the complainant.    

If any amount is deposited by the appellant at the time of filing of this appeal under section 15 of the Consumer Protection Act, 1986, may be remitted to the ld. District Consumer forum concerned for satisfying the decree as per rules alongwith accrued interest upto date.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.        

          (Sudha Upadhyay)                          (Sushil Kumar)                             

                Member                                  Presiding Member

Jafri, PA I

Court 2