West Bengal

Paschim Midnapore

CC/110/2017

Salma Hemram - Complainant(s)

Versus

Branch Manager, Bank of India - Opp.Party(s)

Apurba Chakraborty

22 Dec 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.                           

     

Bibekananda Pramanik, President,

Pulak Kumar Singha, Member,

and

Sagarika Sarkar, Member.

Complaint Case No.110/2017

 

Salma Hemram, W/o-Late Bablu Hemram,

Habibpur (Torapara), Midnapore Town, P.S.-Kotwali,

District-Paschim Medinipur

                                                                ..………..……Complainant.

Vs.

                            Branch Manager, Bank of India, Keranichati Branch, Vill-Keranichati,

P.O.-Abas & P.S.-Kotwali, Dist-Paschim Medinipur

                                                                                .…...……….….Opp. Parties.

                                                    

                For the Complainant  : Mr. Apurba Chakraborty, Advocate.

                For the O.P.                 : Mr. Santanu Das, Advocate.

 

                Decided on: 22/12/2017

                               

ORDER

            Pulak Kumar Singha, Member : 

 

                     Complainant files  this case u/s 12 of the C.P. Act, 1986.

  In short the case of the complainant is that, husband of the complainant died in a Motor Accident and complainant lodged claim before M.A.C.T., Paschim Medinipur and said claim was settled before Lok Adalat and concerned Insurance Co. paid Rs.1,70,000/- (Rupees One lakh seventy thousand) only to the complainant as settled amount. There after complainant deposited said cheque to the O.P.-Bank for collection of the same but O.P. neither collected the said amount nor returned the said cheque to the complainant rather deducted Rs.230/- as commission charge from complainants account. Finding no way complainant appeared before this Forum for getting redressal as per prayer of her complaint.

                                                                                                                                                                   Contd……………P/2

 

                                                                                                    ( 2 )                                                                                                 

O.P. contested the case by filing written objection denying the allegations of complainant stating inter alia, that the compliant is not maintainable, complainant deposited the cheque in the drop box of O.P.-Bank on 24/02/2017 and O.P. sent the cheque to their main branch for collection on 02/03/2017 but drawee bank return the said cheque with an endorsement in the return memo  present with documents on 06/03/2017, there after this O.P. sent the cheque to the complainants address through courier service but addresse was not found, this O.P. prayed for dismissal of the case.    

                                            Points for decision :-

1. Is the complaint  maintainable ?
2. Is the opposite party negligent and deficient in service ?
3. Is the complainant entitled to get relief ?    

                             Decision with reasons

All the points are taken together for the sake of convenience, brevity and consideration.  Fact of the case is that complainant deposited a cheque of Rs.1,70,000/- in her account of O.P.-Bank on 24/02/2017  and O.P.-Bank  on due process send the cheque through main branch of O.P. for clearing from drawee Bank but drawee bank return the cheque in question with an endorsement present with document  in the return memo. Thereafter O.P.-Bank two times tried to return the cheque to the complainant through currier service but complainant was not available in her address. Complainant did not adduce any evidence for corroborating her statement in the complaint.   O.P. adduced evidence one Branch Manager as OPW-I, he deposed that on 19/05/2017 we offered to return back the cheque when complainant came to our branch with her lawyer but complainant was prevented by her lawyer to received the cheque. OPW-I produced some documents which are (marked exhibit-A to G). O.P. also adduced evidence, one person of currier service as OPW-2 who deposed that he asked many persons of the locality of the complainant for whereabouts of complainant but none replied and he produced return envelops which are (Marked Exhibit H & I).

From the documents of O.P.-Bank it reveals that their Head Office circular point no. K-C, it is stated that cheque sent for collection within the country generally following time norms, in all other centers maximum period of 14 days. It is fact, from the date of deposit of cheque to send the cheque for collection is within time of bank circular but due to objection of drawee bank the cheque in question could not be collected. From the order of Lok Adalat dated 12/11/2016 it reveals that complainant received three A/c payee cheque one for herself and others for her two minor sons of  Rs.1,00,000/- each in a same day. Complainant had encahsed other two cheques in time for that she had no

                                                                                                                                                                 Contd……………P/3

 

( 3 )

complain against two cheques for her minor sons and said three cheques were issued on 29/11/2016. Complainant did not mentioned in her complaint that why she deposited the cheque after 86 days from the date of issuance of the cheque to the O.P.-Bank which is mere collection centre of O.P. and who had no personal capacity for collection of  cheque, as such said collection centre send the cheque to their main branch  at Midnapore Town and from there cheque was placed before clearing centre for  collections, where drawee bank i.e. Axis Bank return the cheque but other cheques in the names of her sons had been collected from said drawee bank as because said cheque were deposited in time. It appears from the documents that complainant deposited her cheque of Rs.1,70,000/- to the O.P.-Bank, (collection centre) before four days of its laps period and it  appears said cheque deposited on 24/02/2016 and 25/02/2016 and 26/02/2016 were holidays but O.P. was tried to collect the cheque but due to objection of drawee Bank it could not be collected. It appears from the complaint that complainant did not made party Axis Bank as a drawee Bank, as O.P., in this case, who returned the cheque with remarks present with documents.  If drawee Bank made party then it would crystal clear on whose latches the cheque in question could not be collected. Complainant should appear before this Forum with clean hand. It is very common practice that cheque always collected from drawee Bank. Under such  circumstances we think that O.P.-Bank had no deficient in rendering service and complainant is fail to prove  her case.

   The complaint case fails.           

           Hence, it is,

                                                 Ordered,

                          that the complaint case be and the same is dismissed without cost.

O.P. is directed to return back the cheque in question to the complainant through her lawyer within thirty days from the date of order with proper receipt,  in default complainant may proceed with the execution proceeding.

                       Let plain copy of this order be given to the parties free of cost.         

           Dictated and Corrected by me

                        

 

                             Member                                      Member                                 President

                                                                                                                         District Forum

                                                                                                                      Paschim Medinipur