In the District Consumer Disputes Redressal Forum,
Murshidabad at Berhampore.
Case No. CC/140/2014
Date of filing: 29 /10 /2014 Date of Final Order: 30/06/2015
Swadhin Kumar Das.
S/O- Late Monohar Das.
Vill.-Sujapur, P.O.- Maheshail., P.S.- Suti.
Dist- Murshidabad,(W.B.)………………………………………………………...Complainant
Vs
Branch Manager
Canara Bank Kashimnagar Branch.
Vill.& P.O.- Dafahat. Via. Nimtita.
Dist. Murshidabad.PIN.-742224…………………………………..…………. Opposite Party
Mr.Satinath Chandra, Ld. Advocate……………………………………………….for the Complainant.
Smt. Sukla Bhoumik, Ld. Advocate…………………………………………………for the Opposite Party.
Present: Hon’ble President, Anupam Bhattacharyya.
Hon’ble Member, Samaresh Kumar Mitra.
Hon’ble Member, Pranati Ali.
FINAL ORDER
Samaresh Kumar Mitra, Presiding Member:
Brief facts of the complaint is that the complainant purchased some KVPs at Nimtita Post Office and after the maturity Postal Authority issued a cheque amounting to Rs.26,000/- drawn on SBI, Raghunathganj Br. The complainant deposited the said cheque before the OP for encashment in his account. The complainant went to the OP for getting information regarding the encashment of cheque amount several times. Then the complainant submitted a letter to the OP bank on 14.7.2014. Inspite of several requests the OP did not take any measure to encash the cheque. Thereafter, the complainant served another notice dt. 21.08.14 claiming Rs.26,000/-(Annexure-C) . The OP took no steps for payment of Rs.26, 000/- in the account of the complainant but tried to avoid the complainant by raising several irrelevant issues. The OP misbehaved with the complainant and hold that the cheque has been lost from their custody. So they are unable to pay the claimed amount to the complainant. So the OP is negligent and deficient to provide service to this complainant for which the complainant filed the instant complaint for getting redressal as prayed for in the prayer portion of the complaint petition.
Getting notice from this Forum the OP Samipendu Lahiri, Branch Manager, Canara Bank , Kashminagar Branch appeared through its agent on 17.04.2015 and filed written version on 23.06.2015 after elapsing a few dates.
In the written version the above named OP denied the allegations as levelled against him. He averred that on 10th September, 2013 the petitioner dropped one cheque No.1777457 of SBI dated 20.08.13 amounting to Rs.26000/- at this Opposite Party’s Branch namely Kashimnagar Br., Dafahat for crediting it to this complaints savings account No. 1688101016203 with this Bank. As the cheque was drawn on SBI, Raghunathganj the Opposite Party sent it to the Branch of SBI for collection on 12.09.2013. Due to delay of getting the credit proceedings of that instrument the then Branch Manager, Mr.A.K.Jha first over phone tried to get the latest status of the cheque and when did not get any response sent one letter to SBI, Raghunathganj Branch on 12.03.14. Subsequently, SBI confirmed by a letter dt. 26.03.14 that the cheque was lost from their part, the copies of the letters is enclosed herewith. Then because of the delay in getting the payment the beneficiary got restless and started pressuring on the OP Bank. Many a times their staff have been sent to the SBI, for retrieving the amount but they were very much casual to this regard. After the present Branch Manager joined he sent one request letter dt. 25.7.14 to the Head Post Office for issuing a replacement cheque on loss of the original one but did not get any response. On 01.08.14 he sent the same letter to SBI, Raghunathganj Branch and there Mr. Pallav Sarkar the concerned officer acknowledged the letter and promised to make the payment available within twenty days. On not getting response from the concerned officer, the Branch Manager personally visited the Branch and reported the incident to the Chief Manager of SBI, Raghunathganj Branch. After that on 26.12.14 finally the drawee Bank gave the credit of the beneficiary’s a/c through NEFT.
The OP Bank has been harassed by the complainant. The complainant has wasted the valuable time and money of the OP Bank and is therefore bound to bear the cost. So, the above case is liable to be dismissed.
The OP filed a few documents like Statement of Account for the period from 10.09.2013 to 09.01.2015 of the complainant Swadhin Kumar Das in which it shows that on 26.12.2014 by NEFT-SBI JANGIPUR a sum of Rs.26,000/- has credited in the account of the complainant and the account balance shows a sum of Rs.31821.00. He also filed a letter of SBI Jangipur Branch dated 26.3.2014 addressed to the Branch Manager Canara Bank , Kashimnagar in which it is stated that the captioned cheque was not paid by debit to Post Office Account( Raghunathganj) as it was misplaced /lost from their end. And adviced to treat this letter as “ Non-Payment”.
That on 23.06.2015 both sides advocates advanced argument and it was heard in full and fixed 30.06.2015 for passing Final Order.
From the discussion herein above, we find the following Issues/Points for consideration.
ISSUES/POINTS FOR CONSIDERATION
1). Whether the Complainant Swadhin Kumar Das a ‘Consumer’ of the opposite party?
2). Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3). Whether the O.P. carried on unfair trade practice/rendered any deficiency in service towards the Complainant?
4). Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
5). Whether the complainant is entitled to relief(s)as prayed for?
DECISIONS WITH REASONS
In the light of discussions herein above we find that the following issues/points should be decided based on the above perspectives.
1).Whether the Complainant Swadhin Kumar Das is a ‘Consumer’ of the opposite party?
From the materials on record it is transparent that the Complainant is a “Consumer” as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986. As the complainant herein being the customer of OP is entitled to get service from the OPs.
(2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
Both the complainant and opposite party are residents/carrying on business within the district of Murshidabad and cause of action took place at Berhampore, Murshidabad. The complaint valued at Rs.26000/-andRs.15000/for mental pain and agony and Rs.5000/- as legal expenses ad valorem which is within Rs.20,00,000/-limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
(3).Whether the opposite party carried on unfair trade practice/rendered any deficiency in service towards the Complainant?
After perusing the Complaint Petition, Written version as filed by the OP and the documents as filed by the complainant during the time of filing the complaint petition and by the OP during the filing of Written Version and hearing the argument as advanced by the agent of the complainant it appears that the complainant deposited a cheque amounting to Rs.26000/- on 10.09.2013 before the OP for encashment. But when the complainant got information from the bank that it could not be possible for them then the complainant filed written complaint in that regard on 14.07.2014 & 21.08.2014 but the OP did not take any measure to encash the same as a consequence the complainant getting no alternative but to file the instant complaint before this Forum for redressal as prayed for in the prayer portion of the complaint. Perusing the case record and documents as filed by the parties it appears that complainant deposited the cheque for encashment before the OP on 10.09.2013 and after several reminders of the complainant the OP could not encash the same, as during course of encashment from the SBI Raghunathganj the said cheque get lost and the OP requested the Post Master Nimtita Head Post Office for issuing a replacement cheque on loss of the original but the Post master did not take any measure finally on 26.12.2014 the drawee bank gave the credit to the beneficiary’s account through NEFT. The credit in the account of the complainant is also admitted by the complainant but delay for payment is to be considered by paying the interest for the period for which the money was blocked or the cheque did not encash, was the verbal submission of the advocate of the complainant. But the OP bank demanded cost for harassing the OP and for wasting valuable times.
The deficiency of the OP is proved by the complainant. The OP also admitted the case of the complainant and after a long time the OP encashed the cheque or refunded the money of the complainant which comes within the purview of deficiency of service. But remained silent regarding interest of the blocked money, the compensation and the litigation cost. It is pertaining to mention that the lost of cheque from the custody and delay in crediting amount in the account tantamount to deficiency of service on the part for which the answering OP cannot evade its responsibility.
Thus the OP is under liability to pay interest for the amount of Rs.26,000/-@9% p.a. for a period from 10.09.2013 to 26.12.2014 and litigation cost of Rs.3000/- to complainant within 45 days from the date of the order.
4. Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
The discussion made herein before, we have no hesitation to come in a conclusion that the Complainant is able to prove his case beyond any reasonable doubt. So, the contesting Opposite Party is liable to pay the interest and litigation cost to the complainant.
ORDER
Hence it is ordered that the complaint be and the same is allowed on contest against the Opposite Party with litigation cost of Rs.3000/-.
The Opposite Party is hereby directed to pay the interest at the rate of 9% per annum of the amount of Rs.26,000/- for the period from 10.09.2013 to 26.12.2014 and a litigation cost of Rs.3000/- to the complainant within 45 days from the date of the order. No other relief (s) is awarded to the complainant.
At the event of failure to comply with the order the Opposite Party shall pay fine @Rs.50/- for each day’s delay, if caused, on expiry of the aforesaid 45 days by depositing the accrued amount, if any, in the Consumer Legal Aid Account.
Let plain copy of this order be made available and be supplied, free of cost, to the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgement/ be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Dictated and Corrected by me.
Member, Member, President,
District Consumer Disputes District Consumer Disputes District Consumer Disputes Redressal Forum, Murshidabad. Redressal Forum, Murshidabad Redressal Forum, Murshidabad.
