IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC 67/2016.
Date of Filing: 29.04.2016. Date of Final Order: 27.03.2017.
Complainant: Oindrilla Bibi, W/O Sarikul Islam, Vill.&P.O. Shyampur Nutun Para, P.S. Bhagwangola,
Dist. Murshidabad.
-Vs-
Opposite Party: 1. Branch Manager, Allahabad Bank, Bhagwangola Branch, Vill Rambagh,
P.O.& P.S Bhagwangola, Dist. Murshidabad.
2. Branch Manager, Allahabad Bank, Sagardighi Branch, Vill.&P.O. Sagardighi
Dist. Murshidabad. Pin 742226.
3. The Chief Manager, State Bank of India, Jangipur Branch, P.O.& P.S. Jangipur
Dist. Murshidabad.
Present: Sri Anupam Bhattacharyya …………………. President.
Smt. Pranati Ali ……….……………….……………. Member.
FINAL ORDER
Sri Anupam Bhattacharyya , Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of the C. P. Act, 1986 praying for payment of Rs.10,112/- along with interest for short payment and for compensation of Rs.50,000/- for mental agony and Rs.10,000/- for harassment.
The complainant’s case, in brief, is that the complainant is the customer of OP No.1 Bank for having savings A/C No. 507866444 . The complainant deposited cheque No. 180535 amounting to Rs.35,117/- issued in her favour by the Bhagwangola P.O. for payment of matured KVP with OP No.1 Bhagwangola Branch who sent the said cheque to OpNo.2 Bank for clearance and Opno.2 Bank sent the said cheque to Op No.3-SBI, Jangipur Branch for collection of cheque money. The complainant came to know that S.B.I. Jangipur Branch i.e. Op No.3 sent Rs.25005/- through Allahabad Bank, Sagardighi Branch i.e. Op No.2 and OP No.1 credited the A/C of the complainant by Rs.25005 in place of 35117/-.The complainant then filed complain before OP No.1 for short payment of Rs.25005/- instead of Rs.35117/- and repeatedly complained on 7.7.14, 24.7.14 and lastly on 18.2.15. But the Ops did not try to solve the same. The Op Nos.1&2 intended to solve the problem but for non-cooperation of Op No.3 the problem could not be solved. Lastly the complainant approached before Consumer affairs Department where OP Nos. 1&2 appeared but OP No.3 did not appear there and for that the matter was not settled there. Then, the complainant was compelled to file the instant complaint.. Hence, the instant complaint case.
The written version filed by OP No.1&2 , in brief, is that the OPNo.3 cleared Rs.25117/- instead of rs.35117/- and the matters was informed by the complainant to Op No.1 and then Op no.1 to OP No.2 who informed the same in writing to OP No.3. Thereafter, several letters for payment of rest amount was made by Op No.1 and 2 to OP No.3 and information was received by no payment was made and no remedy was sought for from OP No.3 who did not appear before Asstt. Director, Consumer Affairs &FBP Department. The OP No.3 by letter dt. 4.6.16 informed OP No.2 that a short payment of Rs.10, 000/- was paid to the complainant vide cheque No. 726465 dt. 4.6.16 towards the balance amount and admitted that error had occurred on the part of OP No.3, SBI, Jangipur Branch and for that they are not liable to pay any compensation. The complaint is liable to be dismissed . Hence, the instant written version by OP No.1&2.
The written version filed by OP No.3, in brief, is that the Op No.3 has denied the allegation of the complainant. They got a payment order from OP No.1 for remittance of rs.25117/- in connection with Cheque No.180535. The OP No.3 followed the instruction of OP No.1 and accordingly OP No.3 instructed to pay Rs.25117/- and for that there is no negligence on the part of Op No.3 and for that complainant is liable to be rejected against Op No.3. Hence, the instant written version.
Considering the pleadings of both parties the following points have been raised to solve the dispute.
Points for Consideration.
- Whether the case is maintainable in its present for and in law?
- Whether the case is barred by the principles of estoppels, waiver and acquiescence?
- Whether the case is barred by law of limitation?
- Whether the case is bad for defect of parties?
- Whether the complainant is entitled to get relief as prayed for?
- To what other relief/reliefs the complainant is entitled to get?
Point Nos. 1 to 6.
All the points are taken up together for the sake of convenience.
The instant complaint is for payment of Rs.10, 112/- along with interest for short payment and for compensation of Rs.50, 000/- for mental agony and Rs.10, 000 for harassment.
The complaint’s case is that OP No.3 cleared the cheque No. 180535 by paying Rs.25005/- instead of Rs.35, 117/- which the complainant got on maturity of her KVP from Bhagwangola Post Office and deposited the same with OP No.1 who sent to OpNo.2 and therefrom to OP No.3. Inspite of several efforts problem not solved.
On the other hand OpNo.1&2’s case is that they are not liable, Op No.3 is liable as Op No.3 cleared the cheque by paying Rs.25117/- instead of Rs.35117/-.
Again OP No.3’s case is that OP No.1 sent payment order vide memo No.CBC 0018/14 to OP No.3 and following his instruction they paid Rs.25117/- and for that there is no negligence on the part of Opno.3 and for that the complaint is liable to be dismissed against OP No.3.
To prove the case the complainant has adduced evidence on-affidavit along with Xerox copies of all the relevant documents in support of her case.
On the other hand OP Nos. 1&2 has filed Xerox copies of all the relevant documents in support of their case including the letter of Chief Manager, SBI, Jangipur Branch, OP No.3 dt. 4.6.16 to the OP No.2 admitting error on the part of OP No.3 and sending cheque No. 726465 for Rs.10,000/- dt. 4.6.16.
From the above undisputed document it is clear that after filing the instant case the OP No.3, SBI, Jangiur Branch has paid Rs.10,000/- by Cheque No. 726465 dt. 04.6.2016 in favour of OP No.2 –Allahabad Bank, Sagardighi Branch towards shortfall clearance but there is no document before this Forum as to payment of the same in the bank account of the complainant.
It is clear that the instant cheque amounting to Rs.35,177/- presented by the complainant was cleared with shortfall of Rs.10,000/- being the same was cleared by OP No.3 with such short fall for the fault of Op No.2 revealed from the letter dt. 4.6.16 and now OP No.3 has cleared the said shortfall by issuing Cheque No. 726465 dt 4.6.16 in favour of OpNo.2 and thus there should have no problem in getting the said shortfall amount of Rs.10,000/- by the complainant.
The instant savings account of the complainant is with OP No.1 where the impugned cheque issued by the Bhagawangola P.O to the complainant towards payment of matured KVP was presented before Op No.1 and for that the OP No.1 is responsible for encashment of the impugned cheque entirely.
Even if the shortfall of Rs.10, 000/- has already been credited in the savings account of the complainant, there is question of payment of compensation at least interest @8% p.a. from the date of encashment of the cheque for Rs.25,117/- with shortfall on 01.02.2014 till realization.
Considering the above discussions we find that all the points are disposed of in part in favour of the complainant and as such the complainant is entitled to get Rs.10,000/- if not paid and interest @ @8% p.a. from the date of encashment of the cheque for Rs.25,117/- with shortfall on 01.02.2014 till realization.
Hence,
Ordered
that the Consumer Complaint No. 67/2016 be and the same is hereby allowed in part against the OP No.1 .
The complainant is entitled to get Rs. 10,000/- if not paid and interest on Rs. 10,000/- @ 8% p.a. from the date of encashment of the cheque i.e from 01.02.2014 till the date of realization from the OP No.1 towards compensation.
The OP No.1 is directed to pay Rs. 10,000/- if not paid and to pay interest @8% p.a. on Rs.10000/- from the date of encashment of the cheque on 01.02.2014 till the date of realization within one month from the date of this order. In default the OP is to pay fine @Rs.50/- per day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
MEMBER PRESIDENT
