DATE OF FILING                    :     23-08-2013.

DATE OF S/R                            :      03-10-2013.

DATE OF FINAL ORDER      :     21-07-2014.

Sri Arup Kumar Banerjee,

son of late Aloke Kumar Banerjee,

residing at 22, Sarkhel Para Lane, P.S. Bally,

District – Howrah,

PIN – 711 201. ------------------------------------------------------------- COMPLAINANT.

-          Versus   -

Branch Manager,

Bank of India, Bally Bazar Branch,

Gowsamipara  Road, P.S. Bally,

District – Howrah,

PIN  – 711201.-------------------------------------------------------------OPPOSITE PARTY.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.               The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has   prayed for direction upon the o.p. bank to pay compensation to the tune of Rs. 3 lakhs for causing suffering, mental agony to the complainant in not clearing the cheque in dire necessity and thus causing gross deficiency in service.  

2.               The complainant had to visit Indoor in the month of May, 2013  to attend the unfortunate sradh ceremony of his brother in law,  who died an untimely death. Having been placed in dire need of money to help the bereaved family he produced a cheque being no. 000001 dated 21-05-2013 for Rs. 16,000/- before the Bank of India, Maha Laxmi Nagar Branch, Indoor. Be it mentioned that the complainant has his account with the Bank of India, Bally Bazar Branch, Howrah. Unfortunately the cheque was bounced for the callous negligence of the o.p. bank on trifle ground and the complainant was deprived from the money he badly need. Hence the case.  

3.                  Though the o.p. filed written version, did not appear on subsequent dates.  The

o.p. contended in the written version that for lack of some documents required to be filed by the complaint the incident of cheque bouncing happened.  That the o.p. bank has no responsibility for such bouncing. So the complaint should be dismissed.

4.        Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.        Both the points are  taken up together for consideration. On scrutiny of the enclosures it is palpable that the complainant suffered a face-loss in a distant place at Indoor, M.P. as his cheque was dishonoured for no fault of his. 

6.        The prayer of the complainant in the instant complaint is not a luxury. His brother-in-law expired in Indoor. On the day of sradh ceremony the complainant who was very much present in Indoor was in dire necessity of money. He produced a cheque being no. 000001 dated 21-05-2013 for Rs. 16,000/- before the Mahalaxmi Nagar Branch, Indore. But unfortunately it bounced due to non availability of the image of the signature of the complainant. It was subsequently confirmed from the Bank of India, Mahalaxmi Nagar Branch, Indore, that the lapse occurred owing to the negligence on the part of the o.p. bank.

7.        We can very well fathom the undepictable agony of the complainant who was practically helpless in such a distant place and especially when he badly needed the money for the bereaved family. Had the o.p. bank been diligent and a bit sympathetic, the complainant would not have suffered such loss of face and humiliation. The money as sought for through the cheque though appeared paltry, it was very very costly in a sorrowful situation of Sradh ceremony where the complaint was placed.

8.         The subsequent correspondences with the o.p. Bank by the complainant and the replies there-to only confirms the contention of the complainant and thereby proves gross deficiency in service.         

           We are, therefore, of the view that this is a fit case where the prayer of the complainant shall be allowed. Both the points are accordingly disposed of.

      Hence,

O     R     D      E      R      E        D

      That the C. C. Case No. 297 of 2013 ( HDF 297 of 2013 )  be and the same is  allowed on contest with  costs  as against  the O.P.,  Bank of India.   

      The O.P.  Branch Manager, Bank of India, be  directed to pay a compensation to the tune of Rs. 2 lakhs to the complainant for causing tremendous mental pain and undepictable  harassment to the complainant in a remote place i.e., Indoor, Madhya Pradesh, within 30 days from the date of this order.

      The o.p. Bank do further pay Rs. 5,000/- to the complainant as litigation costs within the  30 days from the date of this order.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (    T.K. Bhattacharya  )                                              

  President,  C.D.R.F.,Howrah.