DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SUBARNAPUR

C.C. No.3 of 2020

Jagabandhu Panda, aged about 72 years, S/o. Late Nityananda Panda, R/o. Sonepur town, Shantinagar, P.O./P.S. Sonepur, District – Subarnapur

…………..  Complainant

Vrs.

Branch Manager, Balangir D.C.C.Bank Ltd. Tarbha Branch, P.O./P.S. Tarbha, District – Subarnapur

…………..  Opp. Party

Advocate for the Complainant                                     ………….     None

Advocate for the O.P.                                                   ………….       Sri P.K. Dani 

Present

1.         Sri U.N.Purohit,                                President

2.         Sri H.Padhan                                     Member

Date of Filing Dt.03.02.2020

Date of Hearing Dt.04.01.2023

Date of Order Dt.27.01.2023

J U D G E M E N T

By Sri  U.N.Purohit, P.

The complainant files complaint U/s.12 of the Consumer Protection Act 1986 against the O.P. Brief fact of the complaint is that the complainant is an account Holder of O.P., Bolangir D.C.C. Bank, Tarbha Branch  bearing S.B. A/c. No.11798 with Cheque facility. On 07.05.2019 the complainant issued and produced cheque No.208456 for withdrawal of Rs.11,000/-. The complainant personally appeared before the Branch at 11 A.M., the Counter clerk of the Bank wait till 3 P.M. for payment accordingly the petitioner detained there at about 3.30 P.M., the Clerk returned the cheque to the complainant with objection stating that “Refer to drawer” and “ insufficient of funds”. The complainant update his pass book and came to know that balance amount in the A/c. was Rs.11,265/- on 07.05.2019. Due to non payment of the cheque amount the complainant was deprived by utilizing his savings amount and suffered harassment, mental agony and physical exhaustion, hence  the  complainant  take shelter of this Commission. The O.P. is

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carrying his business at Tarbha which comes within the territory of Subarnapur District. The cause of action arose within the jurisdiction of this Commission and this Commission is ample power to try the present complaint. The complainant relies S.B. A/c. pass book, Cheque No.208456 dt.07.05.2019 and objection slip for returning cheque unpaid on dt.07.05.2019 of B.M. D.C.C. Bank Tarbha Branch. The complainant claim compensation of Rs.10,000/- alongwith cost of litigation.

The O.P. though received notice from this commission did not appear as such set exparte on 28.12.2022.

Perused the complaint petition, S.B. A/c. pass book, Cheque No.208456 dt.07.05.2019 and objection slip for returning cheque unpaid on dt.07.05.2019 of B.M. D.C.C. Bank Tarbha Branch filed by the complainant which clearly prove violation of consumer rights and deficiency of service by the O.P.

O R D E R

Hence we conclude and directed the O.Ps. to pay a sum of Rs.10,000/- will meet the compensation and Rs.2000/- towards the cost of litigation. The O.P. is directed to comply the order within two months. Complaint is allowed.

            Applications pending, if any, stand disposed of in terms of the aforesaid judgment. A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the commission for perusal of the parties. File be consigned to record room alongwith a copy of this judgment.

Dated the 27^th day of January 2023

                                                                                           Typed to my dictation

                                             I agree.                                 and corrected by me.

                 Sri H.Padhan        Sri U.N.Purohit

                                             Member                                                 President

                                       Dt.27.01.2023                                          Dt.27.01.2023