IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/180/2018.
Date of Filing: Date of Admission: Date of Disposal:
28.11.18 06.12.19 26.11.19
Complainant: Smt. Sefali Halder
W/O Lt. Raghunath Haldar,
Vill-Mallickpur Colony,
P.O.-Krishnapur, PS-Lalgola,
Pin-742148
-Vs-
Opposite Party: The Branch Manager,
Central Bank Of India
Lalgola Branch, Samrat Market Complex,
PO & PS- Lalgola,
Pin-742148
Agent/Advocate for the Complainant : Sri. Subhanjan Sengupta.
Agent/Advocate for the Opposite Party : Sri. Sambarta Mukherjee.
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Asish Kumar Senapati, Presiding Member.
One Sefali Haldar (here in after referred to as the Complainant) filed the case against Branch Manager, Central Bank of India, Lalgola Branch (here in after referred to as the OP) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant is an aged lady having a savings bank account with the OP. She deposited a cheque bearing No. 927004 amounting Rs.15,235/- on 09.02.18 which she received from the postal department. The said cheque has not been encashed for a long time and the OP misbehaved with the Complainant when she went to the OP to know the reason for non-encashment of her cheque. The OP has deficiency in service. Hence, the Complainant has prayed for encashment of the amount of her cheque along with interest and compensation of Rs.1,00,000/-.
The OP contested the case by filing written version on 28.02.19 inter alia denying the materials allegations made out in the complaint contending that the Complainant deposited a cheque bearing No. 927004 amounting Rs.15,235/- on account of maturity of a scheme of postal authority for clearance to the SBI Jangipur Branch and the SBI Jangipur Branch received the said cheque but somehow the said cheque was lost from the custody of SBI Jangipur Branch while in transit. Thereafter, several correspondences were made from the side of the OP with the postal authority and SBI Jangipur Branch and according to the advice of SBI Jangipur, the OP hold the payment. Thereafter, the OP visited the office of the Superintendent of Post Offices and also submitted prayer for issuance of duplicate cheque but the jurisdictional problem occurs and ultimately, the said amount is transferred in the account of the Complainant. The OP has no negligence and deficiency in service. The postal authority and SBI Jangipur Branch are necessary parties and the complaint is liable to be rejected.
Points for consideration
1. Isthe Complainant a consumer under the provision of the CP Act, 1986?
2. Has this Forum jurisdiction to entertain the complaint?
3. Has the OP any deficiency in service, as alleged?
4. Is the Complainant entitled to get any relief, as prayed for?
Point no.1
The Ld. Advocate for the Complainant submits that the Complainant is a consumer as she hired services of the OPs for consideration.
The Ld. Advocates for the OP submits that the Complainant is not a consumer. On going through the complaint, written version and other materials on record and on a careful consideration over the submission of both sides, we find that the Complainant is a consumer in terms of section 2 (I )(d) (ii) of the C.P.Act, 1986.
Point No.2
The Ld. Advocate for Complainant submits that the cause of action arose within the territorial jurisdiction of this Forum and the claimed amount is also within pecuniary limit of the District Forum.
On a careful consideration over the materials on record, we find that the cause of action arose within the territorial jurisdiction of this Forum and this Forum has pecuniary jurisdiction to entertain the complaint.
Point Nos.3&4
The Ld. Advocate for the Complainant submits that the OP has admitted that the Complainant deposited the cheque amounting Rs.15,235/- and the amount of the cheque had not been encashed for a long time.It is argued that the amount has been credited in the account of the Complainant on 03.01.19 i.e. after lapse of about 11 months from the date of deposit of the cheque. It is urged that the OP is liable for delay in crediting the amount in the account of the Complainant. He argues that the OP has not filed any document to establish that the cheque was lost in transit from the custody of SBI Jangipur Branch. He prays for adequate compensation.
In reply, the Ld. Advocate for the OP submits that the Complainant deposited the cheque and the said cheque was sent to the SBI Jangipur Branch for clearance and the amount was not credited to the account of the Complainant as the cheque was lost from the custody of SBI Jangipur Branch. It is urged that the OP approached the postal authority and SBI Jangipur Branch for resolving the issue and ultimately, the amount has been credited in the account of the Complainant on 03.01.19. It is contended that the OP has no deficiency in service. He prays for dismissal of the complaint.
We have gone through the materials on record. We have also considered the submission of both sides. It appears from the documents that the Complainant deposited the cheque being No. 927004 on 09.02.18 with the OP Bank and the amount has been credited in the account of the Complainant on 03.01.19.
We find that the Complaint case was filed on 28.11.18 and the case was admitted on 06.12.18. The notice was issued on 12.12.18 and the OP put his appearance through an advocate on 14.01.19.
Therefore, it is clear that the amount of Rs.15,235/- was credited after service of notice upon the OP. It is the version of the OP that the cheque in question was lost from the custody of SBI Jangipur Branch and the OP made several correspondences with the SBI Jangipur Branch but no such document has been filed to establish the above fact. The fact remains that the Complainant deposited her AC Payee cheque on 09.02.18 and the amount of the cheque had been credited in her account on 03.01.19.
The Complainant has got no interest on the amount of Rs.15,235/- during the period from 09.02.18 to 02.01.19. We find that the OP has not filed any document to earn the confidence of this Forum that the OP tried his level best to credit the amount of the cheque after deposit of the cheque with the OP.
In our considered opinion, the O.P. has deficiency in service. We think that the Complainant is entitled to get interest @ 8% Per Annum with effect from 09.02.18 to 02.01.19 on Rs.15,235/- and Rs. 2000/- as compensation for deficiency in service and mental agony.
Reasons for delay
The Case was filed on 28.11.18 and admitted on 06.12.19 . This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
Fees paid are correct.
In the result the complaint case succeeds in part. Hence, it is
ORDERED
that the Consumer Complaint Case No. CC/180/2018 be and the same is hereby allowed in part on the contest against the OP without cost.
The OP is directed to pay Rs. 1199/- ( interest @ 8% Per Annum with effect from 09.02.18 to 02.01.19) to the complainant by 60 days from the date of this order . The O.P. is also directed to pay Rs. 1,000/- to the Complainant by 60 days from the date of this order. In default, the O.P. shall have to pay interest @ 10% p.a. on Rs.2199/- w.e.f. 26.11.19 till realization to the complainant.
Let 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 & corrected by me.
President
Member President.
