IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD AT BERHAMPORE.
CASE No.CC /105/2017.
Date of Filing: 05.07.2017. Date of Final Order: 08.05.2018.
Complainant: Sri Ranjit Dasgupta, 5 No, Old Thana Road, Gorabazar,
P.O.&P.S. Berhampore, Dist. Murshidabad, Pin 742101.
-Vs-
Opposite Party: Branch Manager,
Axis Bank, Berhampore Branch, 3/20, K.K. Bajerjee Road,
P.O.& P.S. Berhampore, Dist. Murshidabad, Pin 742101.
Agent/Advocate for the Complainant : None
Agent/Advocate for the Opposite Party : Sri Rajdip Goswami.
Present: Sri Asish Kumar Senapati…………………. President.
Smt. Chandrima Chakraborty ……………………..Member.
FINAL ORDER
Sri Asish Kumar Senapati, President.
This is a complaint U/S 12 of the C. P. Act, 1986.
One Sri Ranjit Dasgupta (hereinafter referred to as the Complainant) filed the case against the Branch Manager, Axix Bank, Berhampore Branch ( hereinafter referred to as the Opposite Party) alleging deficiency in service.
The gist of the complaint case is as follows:-
The complainant deposited a cheque with the O.P bearing No. 462827 dated 14.02.2017 drawn on Post Office, Berhampore Main Post Office in his S.B. Account No. 914010029795261 and the said amount was found debited from his account on 17.02.2017 but the complainant lodged complaint with the OP Bank on 08.03.2017 , 05.04.17and 19.4.17 as the amount of Rs.50, 000/- was not credited to his account.
Hence, the complainant filed the case praying for allowing him Rs.50, 000/- as Litigation cost, mental pain and harassment and crediting Rs.50,000/- in his account of Axix Bank.
The case was filed on 05.07.2017 and admitted on 21.07.2017.
The OP put his appearance on 20.09.2017 though his Ld. Advocate and ultimately filed written version on 21.02.2018 contending that the case is not maintainable.
It is the specific case of the OP that the complainant deposited a Cheque bearing No. 462827 dated 14.02.2017 drawn on Post Office, Berhampore Main Post Office to the S.B account of the complainant with the OP Bank and on receipt of the said Cheque and other cheques , the OP Bank sent the cheques amounting to Rs.1,30,000/- for collection to the Berhampore Main Post Office .After receiving the clearance from the Main Post Office, the OP Bank sent the said cheque through CTS clearing to S.B.I, Berhampore Branch but the S.B.I , Berhampore Branch failed to send the amount of the cheque to the account of the OP bank and ultimatley, the S.B.I cleared the amount on 11.09.2017 and the amount of the said cheque had been transferred to the account of the complainant on 12.09.2017 . There was no fault or negligence on the part of the OP as the amount of Rs.50,000/- has already been credited in the account of the complainant.
Both parties adduced evidence and the complainant filed a number of documents marked as Annexure 1 to 5.
The OP had not taken part at the time of hearing of argument.
On the basis of the above versions of both parties , the following points are framed for proper adjudication of the case:
Points for Decision.
- Is the complainant a ‘consumer’under the Consumer Protection Act, 1986?
- Has this Forum jurisdiction to entertain the present complaint?
- Has the OP any deficiency in service, as alleged?
- Is the complainant entitled to get relief/reliefs , as prayed for?
Decision with Reasons.
Point Nos. 1 to 2.
Both the points are taken up together for the sake of brevity and convenience.
The complainant submits that he is a consumer under the OP as he is a customer of the OP and he has hired the services of the OP on payment of charges. It is urged that this Forum has both territorial and pecuniary jurisdictions to entertain the case.
It is contended that the cause of action arose within the territorial jurisdiction of this Forum and the claimed amount is within the pecuniary limit of the District Forum.
We have gone through the complaint, written version, evidence of both sides and Xerox copies of documents filed by the complainant.
On perusal of the documents, we find that the complainant is a consumer as per provisions of the Consumer Protection Act, 1986 and this Forum has both territorial and pecuniary jurisdiction to entertain the case.
Both the points are decided in favour of the complainant.
Point Nos. 3&4.
The complainant submits that a Cheque bearing No. 462827 dated 14.02.2017 drawn on Post Office, Berhampore Main Post amounting Rs.50,000/- was deposited with the OP Bank on 14.02.2017 and it was debited from this Account maintained by Berhampore Main Post Office on 17.02.2017 but the OP Bank did not pay any heed to credit the said amount in his bank account with the OP till 11.09.2017 inspite of repeated requests and ultimately after filing of the present case, the amount was credited in his bank account on 12.09.2017 without giving any interest or compensation or without giving any explanation as to why the amount was not credited to his account so long.
It has been argued that the complainant is entitled to get compensation for deficiency in service of the OP and mental pain, agony and harassment. It is also submitted that the complainant is entitled to get litigation cost for laches on the part of the OP Bank.
Admittedly, the complainant deposited a cheque bearing No. 462827 dated 14.02.2017 drawn on Post Office, Berhampore Main Post amounting Rs.50,000/- with the OP Bank on 14.02.2017 for crediting the same amount in his account . It appears from the annexure-1 and para 6 and para 3 of the written version and evidence of the OP that the amount of Rs.50,000/- was cleared by the Berhampore Main Post Office on 17.02.17 and debited from the account of the complaint maintained by the Berhampore Main Post Office.
The explanation of the OP for delay in crediting the amount of Rs.50,000/- to the account of the complainant is due to non-clearance of the amount through C.T.S clearing by the S.B.I. Berhampore Branch.
It is not understood what steps the Op Bank has taken against the SBI, Berhampore Branch for withholding the amount from 17.02.2017 to 11.09.2017 and why OP Bank did not respond to the correspondences of the complainant received by hand on 08.03.2017 and received through e-mail on 5.4.17 and 19.4.17.
It is clear that the OP slept on the complaints of the complainant for a long time without giving any response to the complainant in spite of receiving written and electronic complaints from the complainant. It was the duty of the OP bank to credit the amount of the cheque of the complainant in his account as early as possible , but in the present case the Op bank was silent for a long time without responding to the complaints of the complainant. To our mind, the acts of the OP are nothing but deficiency in service.
We think that the complainant is entitled to get interest @6% p.a. from 17.02.2017 (date of debiting the amount from the Post Office account) to 12.09.2017 (date of crediting the amount of Rs.50, 000/ to the account of the complainant maintained by the OP bank) .
The amount of interest on Rs.50, 000/- from 17.02.2017 to 12.09.2017 @6% p.a. comes to Rs.1,759/-.
The complainant is also entitled to get compensation for deficiency in service of the OP and for his mental pain, agony caused by the OP.
The complainant is also entitled to get litigation cost.
We think that the complainant should be allowed to get Rs.10, 000/- for deficiency in service on the part of the OP and mental pain and agony , harassment of the complainant caused by the OP.
The complainant is also entitled to get litigation cost of Rs.3,000/- against the OP.
Reasons for Delay.
The complaint case was filed on 05.07.2017 and admitted on 20.07.17. The OP filed written version on 21.02.2018 and this Forum tried its level best to dispose of the case as expeditiously as possible in terms of Sec.13(3A) of the C. P. A ct, 1986 and the delay has been explained in day to day orders.
In the result, the complaint case succeeds.
Fees paid are correct.
Hence, it is
Ordered
that the Consumer Complaint No. 105/2017 be and the same is hereby allowed on contest against the OP with cost of Rs.3,000/-
The OP is directed to pay Rs.1759/- to the Complainant as interest on Rs.50, 000/- from 17.02.2017 to 12.09.2017 @6% p.a. by 45 days from the date of this order.
The OP is also directed to pay compensation of Rs.10, 000/- to the complainant for deficiency in service on the part of the OP and mental pain, agony and harassment of the complainant by 45 days from the date of this order.
The OP is also directed to pay Rs.3000/- to the complainant as litigation cost by 45 days from the date of this order.
In case of delay on the part of the OP to comply with any part of the order within the stipulated period mentioned in the ordering portion, the OP is to pay fine @Rs.25/- per day’s delay and the amount so accumulated shall be deposited in Consumer Legal Aid Account.
Let a plain copy of this order be supplied free of cost, to each of the parties/Ld. Advocate/Agent on record, by hand/by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website: confonet.nic.in
Dictated and corrected by me.
President.
Member President.
