In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 445 / 2009 .
1) Sri Sanjay Kumar Pal,
5/4, Netaji Nagar, Kolkata-700040. ---------- Complainant
---Versus---
1) Branch Manager, M/s. Andhra Bank, Jodhpur Park Branch,
1/392, Gariahat Road (South), Kolkata-700068. ---------- Opposite Party
2) Pinaki Roy, M/s. Computer World,
16th Floor, Chatterjee International, Room no. 1A,
33A, Chowringee Road, Kolkata-700016. ---------- Proforma Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Order No. 23 Dated 29/06/2012.
The petition of complaint has been filed by the complainant Sri Sanjay Kumar Paul against the o.ps. M/s. Andhra Bank and another. The case of the complainant in short is that complainant had an account with o.p. no.1 bank having account no.ASBP56. Complainant issued a cheque in favour of complainant of Rs.64,500/- vide cheque no.3336755 dt.307.08 and the same was dishonoured and complainant was asked by o.p. no.1 to see personally with pass book for verification for this purpose and complainant had been there and produced original pass book for verification and after verification o.p. bank wrote a letter stating that the pass book was not tallying with the banker’s record and complainant got surprised for such action on the part of o.p. no.1 since there was sufficient amount lying in his account and there was no reason to dishonour the so issued cheque in favour of o.p. no.2. Hence the case.
O.p. no.1 had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case. Matter was being heard ex parte as against o.p. no.2 as o.p. no.2 did not contest the case by filing w/v.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that there was no justification to dishonour the cheque issued by complainant for Rs.64,500/- and this act on the part of o.p. no.1 amounts to gross deficiency in service being a service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest against o.p. no.1 with cost and ex parte against o.p.no.2 without cost. O.p. no.1 is directed to defreeze account no.ASBP56 standing in the name of complainant and to pay compensation of Rs.30,000/- (Rupees thirty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
