Orissa

Jharsuguda

CC/81/2014

Subrat Kumar Bastia S/O-Pramod Kumar Bastia - Complainant(s)

Versus

BM UCO Banck Brajrajnagar Branch - Opp.Party(s)

S.K.Meher

22 Jul 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

                                        

CONSUMER  COMPLAINT  CASE NO. 81 OF 2014

 

Subrat Kumar bastia,(35 Yrs.),

S/O: Pramod Kumar Bastia,

R/O: Nuapada,ESI Chowk

PO/ PS: Brajrajnagar,

Dist-.Sambalpur, Odisha…………………………………………..……………. Complainant.

     

                                           Versus 

 

1. The Branch Manager,

            UCO Bank, Brajrajnagar Branch.

 

2. Ashutosh Mishra,

Area Sales manager of M/S. Om Associates,

At: Near Krishna Residency,

PO: Kalimandir Road,

PS/Dist: Jharsuguda, Odisha.

 

3. M/s. Om Associates, Plot No. 582/959,

Lane-04, Pokharipur, Near DAV School,

Dist: Khurda, Pin- 751 020.…......................................................... Opp. Parties.

 

Counsel for the Parties:-

 

For the Complainant                                      Shri S.K. Meher, Adv. & Associates.

For the OPP.Party No.1                                Shri K.C. Agrawal, Adv. & Associates.

For the Opp. Party No.2 & 3                          None.

 

Date of Order: 22.07.2015

                                                            

                                                                 Present

                                                1. Shri S.L.Behera, President.

                                                2. Shri S.K. Ojha, Sr. Member.

                                           

Shri S.L. Behera, President : -  The brief facts of the case is that the complainant is a current account holder of the O.P.No.1 bearing Account No. 02350200402445 and he was running his business by using this account.  The complainant had issued a cheque belongs to O.P.No.1 vide cheque No. 681398 on dtd. 05.04.2014 amounting Rs.4,370/- only to the

O.P.No.2 who is a supplier company dealing with supplying grocery and general items to the retail shop.  The said cheque submitted by O.P.No.2 before UCO Bank , OBC Branch where the concerned bank dishonored the cheque citing reason of insufficient fund whereas at that time the complainant had Rs.9,815/- only in his account of O.P.No.1.  Due to dishonored of the cheque the complainant defamed in the market and suffered loss of Rs.80,000/- only during 07 months which causes mental agony and harassment, hence this case.

 

            Being notice the O.P.No.1 appeared through his counsel and filed his written version.  The O.P.No.2 is absent on call repeatedly, even after providing sufficient opportunities as such O.P. No.2  set ex-parte.  The O.P.No.1 submitted that the said cheque bearing No. 681398 dtd. 05.04.2014 of Rs.4,370/- only was never presented by any person or UCO Bank OBC branch for clearance and denying all the allegations of complainant with the O.P.No.1 prayed for dismissal of the case.

 

            Heard from both the parties. Perused the complaint petition, written version filed by the parties and documents available on record. The O.P.No.1 has denied on receiving the said cheque  bearing No. 681398 dtd. 05.04.2014 of Rs.4,370/- only from the complainant as there is no any branch in the name of OBC branch of UCO Bank.  The complainant has filed Xerox copies of a cheque bearing No. 681398 dtd. 05.04.2014 of Rs.4,370/- only of UCO Bank ,Brajrajnagar having endorsement of Oriental Bank of Commerce, cheque returning memo mentioning the said cheque number having tick mark on funds insufficient headed with UCO Bank OBC branch and a statement of accounts which is not clearly visible.  It is the O.P.No.1 (UCO Bank) who can rightly say whether there is OBC branch of the same bank existing or not which the O.P.No.1 has denied, secondly it is also hard to know whether a complainant has sufficient amount on date of depositing the cheque before the Bank or not as the said statement of accounts is also so invisible that the balance of amount and date can be known.

 

            In view of above observation and analysis, there is no any merit found in the complaint petition hence we dismiss the complaint without any costs.

 

   Accordingly the case is disposed of.

Order pronounced in the open court today the 22^nd  day of July’ 2015 and copy of this order shall be supplied to the parties as per rule.

                                        I Agree,                                                                                                         

                                         

                                S.K.Ojha, Sr.Member                                       S. L. Behera President             

                

                              Dictated and corrected by me

 

     S. L. Behera President