ORDER NO. 4 DT. 20.12.2010

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Appellant is present in person.  Mr. Surojit Auddy, Ld. Advocate appearing on behalf of the Respondent files Vokalatnama and also BNA with a copy to the other side.  Heard both sides at length.  Order is passed as under :-

This Appeal is by the Complainant/Appellant against the judgement and order dt. 26.5.10 passed by the District Consumer Disputes Redressal Forum, Kolkata, Unit-II in Case No. CDF/Unit-II/C.C.No. 558 of 2008.  The complainant has filed this Complaint Case alleging deficiency in service by his banker namely the State Bank of India, South Sinthee Branch, Kolkata-700 050 and thereby claiming a compensation for a sum of Rs. 9.00 lakhs for dishonouring a cheque dated 24.03.08 for the meagre amount of Rs. 5,262.40 drawn in favour of LICI through the aforesaid drawee bank of the complainant.  It has been alleged in the complaint that when the said cheque in favour of the LICI was presented by the Bank of India on 27.3.08 to the State Bank of India, South Sinthee Branch, the same was returned to the complainant on the ground of insufficient fund even though on the said date it appeared from the account statement that there was sufficient balance to cover the aforesaid amount. 

In support of the respective cases the account statement as appeared in the passbook of the complainant and the account statements as  provided to the complainant by his banker were produced before the Forum below.  Upon careful reading of the aforesaid account statements it is evident that the complainant had on or about 24.1.08 had drawn a cheque for Rs. 25001/- in favour of SBI Credit Card.  The said cheque was presented to the aforesaid banker of the complainant on 30.1.08 when admittedly the complainant had no balance to cover the aforesaid amount.  Through mistake and inadvertence a sum of Rs. 2,500/- only was debited from the account of the complainant although the entire amount of Rs. 25,001/- had been paid by the banker of the complainant to the SBI Credit Card.  The OP/Banker realizing such mistake on its part immediately on the later part of the same day of 30.1.08 credited the aforesaid amount of Rs. 2,500/-  in the account of the complainant.  The payment of Rs. 25,001/- as above that was made to the SBI Credit Card was shown in the account of the complainant as “set hold = 25,000.00”.  It is not in dispute that since 12.03.08 till 27.03.08 the complainant deposited in all Rs. 26,500/- only in his aforesaid account.  The aforesaid deposits including the balance that the complainant had in his account stood at Rs. 29,087/- only on 27.3.08.  Accordingly on that very date the aforesaid amount of Rs. 25,000/- was adjusted against the aforesaid balance of Rs. 29,087/- leaving a sum of Rs. 4,086/- as the ledger balance on that date on 27.3.08.  On that very date the aforesaid LICI cheque was presented by the Bank of India, which was drawn by the complainant in favour of LICI through the banker of the complainant as aforesaid.  Consequently the same was dishonoured and returned to the complainant by a forwarding letter dt. 31.3.08 for the reason of insufficient fund with a request to the complainant to send a fresh remittance of Rs. 5,362/- inclusive of bank charges of Rs. 100/- for such dishonouring of the cheque. 

Upon careful reading of all the accounts as produced by both parties as above we are of the clear view that if there be any mistake or inadvertence on the part of the banker of the complainant that was committed on 30.1.08 when a sum of Rs. 25,001/- was paid to the SBI Credit Card on the basis of the cheque drawn by the complainant in its favour, while the complainant had no sufficient fund to cover the aforesaid amount.  The above mistake on the part of the banker of the complainant cannot also be termed as a penal mistake inasmuch as the complainant had reaped the benefit of the aforesaid amount even though he had no fund in his account to cover the same.  The complainant has not produced a single document before the Forum below to show that as he had no fund in his account to cover the aforesaid amount of Rs. 25,001/-, so the SBI Credit Card also did not receive any amount and for which the complainant had to bear the penal interest on the aforesaid sum later on for non-payment of the same to the SBI Credit Card within the time.  Nor the banker had returned the cheque to the complainant at any time thereafter for insufficient fund.

In the facts and circumstances as above we are of the view that there was no deficiency in service on the part of the banker of the complainant on 27.3.08 when the aforesaid cheque of Rs. 5,262.40 was dishonoured for insufficient fund.  More particularly, the account statement as supplied to the complainant by the OP/Banker since 30.1.08 clearly depicted that a sum of Rs. 25,001/- was set on hold against payment made by it to the SBI Credit Card as the complainant did not have such amount in his account on 30.1.08.  In spite of receipt of such account the complainant did never raise any objection nor pointed out to the OP/Banker that SBI Credit Card had not received such payment on the basis of the cheque issued in its favour.  The complainant thus after having reaped undue benefit for the aforesaid amount of Rs. 25,001/- for a period of more than two months has come forward with the plea of deficiency in service as the OP/Banker returned the aforesaid cheque of Rs. 5,262.40 for insufficient fund on 27.3.08.  Such plea was sought to be substantiated as the complainant since after 27.3.08 had deposited a further sum of Rs. 8,000/- for which the account had balance to cover up the said Rs. 5,262.40.  The District Forum completely failed to notice the fact that on 30.1.08 the account of the complainant reflected that an amount of Rs. 25,001/- was set on hold against a meagre balance that the complainant had on that date on his account.  The aforesaid amount of Rs. 25,001/- was adjusted only on 27.3.08 when the outstanding balance stood at Rs. 29,087/- only after deposits were made by the complainant on 12.3.08, 17.3.08 and 19.3.08 for the amounts of Rs. 3,000/-, Rs. 18,500/- and Rs. 5,000/- respectively.  Therefore, on 27.3.08 when the foresaid cheque drawn in favour of the LICI by the complainant was presented, there was only a balance of Rs. 4,086/- which was insufficient to cover the amount mentioned in the cheque.  Thus we do not find any illegality on the part of the banker in dishonouring the said cheque. 

For the reasons as aforesaid we cannot sustain the order so passed by the District Forum, Kolkata Unit-II in the above complaint case.  The same is accordingly set aside.  The complaint is dismissed.  This Appeal by the complainant for enhancement of the award shall accordingly also stand as dismissed.