West Bengal

Bankura

CC/28/2018

Dipak Kesh - Complainant(s)

Versus

Branch Manager, SBI, Mejia Branch - Opp.Party(s)

Durgaprasad Sarkar

13 Mar 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

C.C.No. 28/2018

Date of Filing: 26.04.2018

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:  Ld Advocate Jayanta Kr. Mukhopadhyay

For the O.P. Ld Advocate Ashim Kumar Mondal

 

Complainant  

Dipak Kesh, Vill-Dighalgram, Japamali, Mejia, Bankura

 

Opposite Party          

1.Branch Manager, State Bank of India, Mejia Branch, Bankura  2.Branch Manager, LIC, Durgapur Branch-1, Nehru Avenue, B-Zone, Burdwan 3.Branch Manager, Axis Bank Ltd., Durgapur, City Centre, Burdwan

 

FINAL ORDER / JUDGEMENT 

Order No.35

Dated:13-03-2023

Both parties file hazira. The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The complainant’s case is that he received an Account Payee cheque No. being 008506, dt.27-01-2014 for Rs.10,500/- drawn on Axis Bank, Durgapur from O.P. No.2/LICI towards Survival benefit claim in connection with Insurance policy No. 468459648 and deposited the same for encashment to his Savings Bank Account No. being 33584848950 with O.P. No.1 on 22-02-2014 but the original cheque along with Return Memo issued by the O.P. No.3/Axis Bank, Durgapur has been returned to the complainant by O.P. No.1 with the endorsement “Cheque already passed” but surprisingly the cheque amount of Rs.10,500/- has still not been credited to the Account of the complainant. On query the complainant came to know from the O.P. No.3 from their Reply letter dated: 27-10-2016 that the said cheque has already been encashed on 22-02-2014. The complainant has therefore approached this Commission for appropriate relief.           

             O.P. No.1 and O.P. No.2 filed separate written version to contest the case disowning their liability with regard to the non-payment of the cheque amount in favour of the complainant. The O.P. No.3/Axis Bank Authority has not however come forward to contest the case by filing any written version

                                                                                                                                                                                           Contd……p/2

Page: 2

-Decisions with reasons-

At the time of hearing Ld. Advocate for the complainant produced the original cheque No. being 008506, dt.27-01-2014 to impress upon the Commission that if the original cheque is returned and lying in the custody of the complainant it is not conceivable how the cheque can be cleared and passed for encashment. The Banker of the complainant i.e. O.P. No.1 and the Cheque Issuing authority i.e. O.P. No.2/LICI have in fact no role for redressal of the dispute and it is the O.P. No.3/Axis Bank authority who is to bring to light the mystery behind such maltreatment by not taking proper step according to Banking rules enabling the complainant to get the cheque amount of Rs.10,500/- credited to his Account with O.P. No.1. Had the O.P. No.3/Axis Bank authority cleared the cheque sent by the O.P. No.1 what stands on the way to get the cheque amount credited to the Account of the complainant. It is a great question mark haunting the Commission.

The Commission thinks that it is the administrative lapses on the part of O.P. No.3/Axis Bank authority by not properly dealing and honouring the cheque in question so as to facilitate its encashment by transferring the cheque amount to the credit of the complainant’s S.B. Account maintained with O.P. No.1. The complainant cannot suffer any loss for such administrative lapses on the part of the O.P. No.3/Axis Bank authority and it is the O.P. No.2 who has to resolve the issue by taking appropriate steps for encashment of the aforesaid cheque in favour of the complainant.

The case therefore succeeds.

                                                              Hence it is ordered……..

That the case be and the same is allowed on contest against O.P. No.1 & 2 but Ex-parte against O.P. No.3 but without cost.

O.P. No.3 is directed to take all necessary measures within a month from this date to enable the complainant to get the aforesaid cheque honoured and encashed to the S.B. Account of the complainant in default O.P. No.3 has to suffer compensation of Rs.15,000/- payable to the complainant within one month thereafter.

Liberty is given to the complainant and cheque Issuing Authority for revalidation of the original cheque lying with this Commission for presentation before O.P. No.1 if necessary.

Both parties be supplied copy of this Order free of cost.   

 

  ____________________                   ________________              _________________

HON’BLE   PRESIDENT             HON’BLE MEMBER           HON’BLE MEMBER