Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                    Complaint No. : 239

                                                                   Instituted on     : 01.04.2021

                                                                    Decided on       : 18.07.2022.

Shobha Rani w/o Late Sh. Bhim Sen, R/o H.No. 1868/11, Dairy Mohalla, Peer Wali Gali, Rohtak. Mobile no. 9728219563                                                                                  

                                                                   ......................Complainant.

Vs.

1. Branch Manager, Sarva Haryana Gramin Bank, Babra Mohalla Rohtak.
2. Regional Manager (CPIO), Sarva Haryana Gramin Bank, Regional Office, SHGB House, Plot No. 1, Sector-3, Rohtak-124001(Haryana). Through its Regional Manager/Authorised Representative.

                                                                   ...........…….Opposite parties.

          COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR. SHYAM LAL, MEMBER

Present:       Sh. Pawan Kumar  son of complainant in person.

                   Opposite parties already exparte.  

ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                Brief facts of the case, as per the complainant are that she is operating a saving bank account no. 80770700001190 with opposite party no. 1. On 09.03.2021, the complainant got deposited a cheque bearing no.007844 dated 19.02.2021 for Rs.48,000/- drawn on SBI Main Branch, Rohtak through her son. Thereafter on 12.03.2021, the complainant was in hard need of money and sent her son for withdrawal of above said cheque amount. But the official said that there is no sufficient balance in the account. On that the son of complainant enquired about the said cheque deposited on 09.03.2021 but none of the bank official gave satisfactory reply and the said cheque was not traceable by the officials of opposite party no. 1.The son of the complainant looked at the Cheque Drop Box and it was to the utter surprise that the cheque was still lying in the cheque drop box since 09.03.2021. The son of the complainant, complained about this negligence to opposite party no. 1 but the Branch Manager himself alongwith dealing staff instead of resolving the grievances of the complainant misbehaved with him and the Security Guard on duty, turned out the son of complainant forcibly. The act and conduct of opposite parties is illegal and amounts to deficiency in service. Hence, this complaint and it is prayed that opposite parties may kindly be directed to pay Rs.48,000/- alongwith interest and compensation of Rs.50,000/- and Rs.1100/- as litigation expenses to the complainant as explained in relief clause.

2.                After registration of complaint, notice was issued to the opposite parties. Opposite parties appeared but failed to file their reply and also did not appear on 07.04.2022 as such, opposite parties were proceeded against exparte vide order dated 07.04.2022 of this Commission.

3.                Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C-1 to Ex.C-2 and has closed his evidence on dated 09.05.2022. 

4.                We have heard the complainant and have gone through material aspects of the case very carefully.

5.                In the present case, as per complaint and affidavit filed by the complainant, she had deposited a cheque bearing no.007844(but the cheque no. is 778801)  on dated 09.03.2021 in her account but the same was not got deposited by the bank in her account and when the son of complainant went to the bank on 12.03.2021 to encash the same, there was no sufficient amount in her account and on enquiry it was found that the alleged cheque was not deposited in her account and the same was lying in the cheque drop box. To prove the case, complainant has placed on record copy of affidavit Ex.CW1/A and copy of cheque Ex.C2 dated 19.02.2021.

6.                Perusal of copy of cheque Ex.C2 reveals that the alleged cheque is an A/c Payee cheque but the ‘Payee’s Name’ has not been mentioned on the cheque. Hence the same could not be deposited by the bank in the account of complainant. As such there is no deficiency in service on the part of opposite party. However, regarding misbehave with the son of complainant by the bank officials, no document has been placed on record by the complainant. As such present complaint stands dismissed with no order as to costs.

7.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

18.07.2022.

                                                          ........................................................

                                                          Nagender Singh Kadian, President

                                                          ..........................................

                                                          Tripti Pannu, Member.

                                                                        ……………………………….

                                                                        Shyam Lal, Member