JUDGEMENT

          Complainant by filing this complaint has submitted that he is Assistant Teacher for over 30 years at Patipukur Adyanath Siksha Mandir (H.S.), A.N. Saha Saha Road, Kolkata-700048, residing in his house at 1132, R.N. Tagore Road, Kolkata-700077 having M.A. (Eng), B.Ed, LL.B. and he is holder of Classic Credit Card (Master Card) bearing No. 5160 6801 5601 3009 of Indusind Bank that acquired the Credit Card business from Deutsche Bank in June, 2011.  Actually the said card number was the card number of Deutsche Bank which was given to the complainant in July, 2007.  Since then he has been making purchase on this card.  He did not leave to calculate the interest accrued on the amount paid due to different reasons, although the rules are written on the reverse of the card statement.  Sometimes it appears that the interest is exorbitant and wrongly imposed upon the card holder.  But he has been praying the dues as written on the card statement.

          Complainant made some purchases as shown in the statement dated 18.01.2014 and he marked it very carefully and determined to pay the whole amount due i.e. Rs.15,000.41 paisa and dropped a cheque being No. 008658 dated 03.02.2014 for Rs. 15,001/- only of U.B.I., Patipukur Branch into the Credit Card Drop Box of that bank in front of the Bank’s Security Guard and went to B.B.D. Bag Station where he boarded the Airport local at 03:55 P.M. but on 06.02.2014 he received an SMS of UBI, Patipukur Branch, in which he found that Rs.1500/- was debited against his SB A/C of UBI, Patipukur Branch.  He thought that this SMS was wrongful.  So, he got an SMS of Indusind Bank on 19.01.2014 which informed him to pay Rs. 14,345.81 paisa.  Later on, he updated his passbook and found being surprised that Rs.1,500/- against his SB A/C No.89095 of UBI, Patipukur Branch and he thought that it was impossible because he wrote in the cheque carefully along with the record slip and dropped it into the drop box on 24.02.2014 he received card statement dated 18.02.2014 which confirmed to the SMS of Indusind Bank dated 19.02.2014.  So, invariably the said cheque was somehow or otherwise interpolated by the Indusind Bank by practicing mal-practices and fact remains that complainant had encashed Rs.12,000/- from SB A/C No.89095 of UBI, Patipukur Branch at UBI, High Court Branch at 12:05 PM i.e. 03:30 hrs before he dropped the aforesaid cheque.  He was paid subsistence allowance of rs.26,836/- for January, 2014 as informed by an SMS on 01.02.2014 and on calculation he withdrew Rs.12,000/- and left the sufficient balance of Rs.16,131/- for the payment of Rs.15,001/-.  The record slip and the bank statement respectively are also filed. 

          After finding all this matter he wrote to the Manager, Indusind Bank (Credit Card Division), Stock Exchange Branch, Kolkata-700001 to UBI, Patipukur Branch, Manager, Customer Care Servicers and others about the matter to protect the interest of all the card holders/consumers.  But prima facie the complainant found that Rs.15,000/- only was printed in the passbook entry but he marked another serious thing is that confirmed that he possesses the credit card of Indusind Bank and his SB A/C was debited with Rs.15,000/- reducing the balance to Rs.14,631.41 paisa on 06.02.2014.  He has doubt about the balance amount.  If the balance is correct in the passbook, as to how the Indusind Bank/op against the cheque amount of Rs.15,001/-.  The payee can encash the amount written on the cheque.  How can the payee delete the words “ thousand and one”.  This sort of activities is no doubt unfair trade practice on the part of the op and considering all those, the complainant came to a conclusion that it is a case of fraud practice and he later consulted many senior advocates of Calcutta High Court who have confirmed and lent support to his understanding of fraud on the part of Indusind Bank and previously on 18.06.2013 complainant paid Rs.21,000/- to pay previous balance of Rs.19,670.14 paisa and had to pay subsequently Rs.503/- only.

          On 19.06.2013 complainant brought merchandise for Rs.26,950/- afterwards as shown and he paid Rs.20,000/- by 17.08.2013 and thereafter Rs.8,129/- of which he paid Rs.5,000/- and finally the anomalies are found as has already been stated in para 2 in the matter of calculation of interest.  The complainant’s name is Pranab Kumar Mandal and not just Pranab Mandal as he finds and there are so many laches on the part of op and the responsibility of encashing the cheques for payment of credit cards lies on the Manager, Indusind Bank even if his assistant or employee committed the fraud vicarious liability, then it is the liability of the op bank and for such sort of unfair trade practice and for deficiency of service, complainant has filed this case and for relief.

          In the present case no doubt complainant sent notices upon the op, op/bank received the notice of the complaint which was sent from this Forum.  But anyhow the op did not turn up to contest this case and from the postal track result report of the Indian Post it is clear that on 14.05.2014 Branch Manager of the op/bank received the said notice of this complaint.  But even after that op did not turn up to contest this case and to deny the allegation is made by the complainant and in the above circumstances the case is heard exparte after executing the evidence in chief and other materials that is produced by the complainant.

                                                    Decision with reasons

          On proper consideration of the entire complaint including the materials and particularly the letter sent by the complainant to the op/bank it is clear that op/bank received demand notice but did not reply.  Moreover it is found that complainant issued cheques being No.89095 of UBI, Patipukur Branch for a sum of Rs.15,001/- and no doubt op received it but it is found that he encashed only Rs.1,500/-, that means the bank authority somehow or otherwise deleted the figure one and also in writing other part and encashed Rs.1,500/- against Rs.15,001/-. 

          Complajnant reported the matter to the op about their mis-conduct and about their mal-practice in removing the figure Re.1/- from Rs.15,001/- and encashing Rs.1,500/-.  But the banking authority did not challenge that matter and did not reply against such demand and truth is that complainant’s cheque No. was 008658 dated 03.02.2014 for Rs.15,001/- but op did not challenge that fact and did not challenge the same even after receipt of demand notices and moreover in this case op did not agree to contest the case.  Then it is clear that the evidence as adduced by the complainant and the documents as produced has not been challenged by the op.  So, it is unchallenged testimony of the complainant and documents also support the cheque bearing No.008658 dated 03.02.2014 for Rs.15,001/- was issued in favour of the op.  But op encashed that cheque only Rs.1,500/- out of Rs.15,001/-.  Then it is unfair trade practice on the part of the op and practically such an act on the part of the op is no doubt a malpractice and if in such a manner the cheque is interpolated by the bank employees and the officers like to present op/bank then in future the banking transaction by the poorer section of the people shall be a very troublesome affair in their daily life and transaction with the bank.

          No doubt there is no ground to disbelieve the statement of the complainant including the documents as produced and fact remains in the present case the op/bank has adopted unfair trade practice and deleted one figure (one digit) out of Rs.15001/- and encashed Rs.15,000/- but cheque was issued in respect of Rs.15,001/-.  So, it is clear that op has adopted a deceptive trade practice for which complainant suffered much.

          In view of the above fact and considering the above materials, we are convinced to hold that op/bank adopted unfair trade practice and also deceptive trade practice and by which complainant has been harassed and no doubt complainant suffered mental pain and agony and in the above circumstances, complainant is entitled to get a decree and for adopting unfair trade practice and deceptive trade practice for manipulating the cheque in such a manner which was deposited by the complainant and for such an act, complainant has suffered no doubt mental pain and agony and for which compensation should be awarded against the op and the complaint was filed by the complainant being harassed by the op.

          In the result, the complaint succeeds.

          Hence, it is

                                                               ORDERED

          That the complaint be and the same is allowed exparte against the op with cost of Rs.10,000/-.

          Op is hereby directed to pay a sum of Rs.25,000/- as compensation to the complainant for adopting unfair trade practice and for harassing and causing mental pain and agony to the complainant.  At the same time for adopting unfair trade practice and deceptive practices with the customers (present complainant) op is imposed the punitive damages of Rs.25,000/- and it is imposed to check unfair practice as adopted by the op/bank with the customer in future and same shall be deposited to this Forum within one month from the date of this order before this Forum.

          Op is directed to comply this order and to satisfy the decree within one month from the date of this order failing which penal proceedings shall be started against the op for which op shall be responsible and even further penalty and fine may be imposed against them.