Tripura

West Tripura

CC/3/2016

Sri Kishore Kumar Roy. - Complainant(s)

Versus

Branch Manager, State Bank Of India. - Opp.Party(s)

Mr.S.Chaudhuri.

29 Jun 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA  :  AGARTALA

CASE   NO:   CC- 03 of 2016

Sri Kishore Kumar Roy,
S/O- Lt. Nilkanta Roy,
Proprietor of Sree Guru Motors,
Office Road, P.O. & P.S: Khowai,
Sub-Division: Khowai,
District: Khowai Tripura.            ...….…...Complainant.

        VERSUS

Branch Manager, 
State Bank of India, 
Khowai Branch,
P.O.& P.S: Khowai,
Sib-Division: Khowai,
District: Khowai Tripura.            ..............Opposite party.

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

For the Complainant        : Sri Surajit Choudhury,
                      Advocate.

For the O.Ps                 : Sri Amritlal Saha,
                      Sri Kajal Nandi,
                      Smt. Sumi Datta,
                      Sri Abheek Saha,
                      Advocates,                    

 

        JUDGMENT  DELIVERED  ON:    29.06.16

J U D G M E N T

        This case arose on the petition filed by Kishore Kumar Roy U/S 12 of the Consumer Protection Act. Petitioner's case in short is that on 06.05.13 he issued a cheque in favour of Aparesh Deb for an amount of Rs.7,50,000/-. Accordingly Aparesh Deb deposited the cheque in his SB Account at Khowai Branch vide no- 11808882835. But the amount was not deposited in the bank account of Aparesh Deb. It was deposited in an internal account of SBI and thus the cheque issued by the complainant was not honored. The  receipent of the cheque was aggrieved and made grievance to the petitioner. For this deficiency of SBI Bank, Khowai petitioner suffered. Petitioner therefore claimed compensation amounting to Rs.9 lakhs.

2.        O.P. Branch Manager of State Bank of India, Khowai denied the claim. It is stated that the cheque was deposited in the State Bank internal account and then it was transferred to the CC loan account of Aparesh Deb. After adjustment of Rs.90,000/- on account of legal expenses Rs.6,60,000/- was adjusted against the CC loan account. This internal arrangement was done for adjusting the outstanding liabilities of holder of CC loan account Aparesh Deb. There was no deficiency of service therefore. 

3.        On the basis of contention raised by the petitioner and O.P. following points cropped up for determination.
        (I) Whether the cheque issued by the petitioner was duly honored or not?
        (II) Whether there was deficiency of service by O.P., Manager, SBI, Khowai Branch and petitioner therefore entitled to get compensation?
    
4.        Petitioner produced statement on affidavit of 2 witnesses i.e., the statement of complainant and Aparesh Deb, receipent of cheque. Petitioner side produced advocate's notice, copy of cheque, the statement of account, as a documentary evidence. 

5.        O.P. on the other hand produced the statement of account, Exhibit- A and also produced the statement on affidavit of Sankar Kanti Mazumder, Branch Manager, SBI Khowai Branch.

6.         On the basis of all these evidence we shall determine the points.

            Findings and decisions;

7.        The cheque was issued on 06.05.13. But it was not honored and petitioner got this information from Aparesh Deb. And after getting the information that the cheque amount was not deposited in the bank account of recipient the petitioner sent notice to Branch Manager, SBI on 20.10.14. Request was made to pay the amount of Rs.7,50,000/- which was transferred to the internal account of SBI not to the receipent. Satisfactory reply was not given by SBI. Therefore, the case was filed on 06.01.16 within 2 years. This petition therefore, is not time barred.
    
8.        From the evidence of O.P. it is admitted and established fact that the cheque amount was not deposited in the bank account of recipient, Aparesh Deb. In the deposit slip of the cheque Aparesh Deb wrote his SB account number clearly. So cheque amount is to be transferred to his SB A/C. It supposed to have been transferred to the SB account of Aparesh Deb, recipient vide no- 11808857116. Petitioner was the holder of cheque being proprietor of 'Sree Guru Motors'. He had sufficient fund for payment Rs.7,50,000/- under his account no- 11808882835. When the cheque was deposited against the account no-11805788116 the amount can not be transferred to any other account except that account of Aparesh Deb. Aparesh Deb in his statement on affidavit clearly stated that the cheque was not credited to his account. So he informed complainant, Kishore Kumar Roy and it was learnt  that the cheque amount was transferred to another account of State Bank of India. Complainant then obtained the statement of account and the same fact was revealed. We do not understand how the state Bank of India transferred the cheque amount Rs.7.50,000/- to their internal account 0098533055911 without the consent of the Aparesh Deb or the complainant. From the admission of the Manager, SBI, Khowai Branch it is clearly established that the Bank authority without any consent from the parties illegally transferred the cheque amount to their internal account. Thereafter bank authority had taken Rs.90,000/- on account of legal expenses. How the legal expenses was incurred not explained at all. Aparesh Deb loanee was kept in dark about such legal expenses. Aparesh Deb stated that Rs.6,60,000/- was credited against his loan account. This transfer was made without consent from Kishore Kumar Roy and there was no trace about Rs.90,000/- which was taken into internal account of the bank. From this it is clear that that the cheque was not honored as per the wishes of the complainant. Complainant wished to transfer the amount Rs.7.5 lakhs to the account of Aparesh Deb not to the internal account of the Bank. When the amount was not transferred both the complainant and Aparesh Deb aggrieved.  Petitioner is the account holder of SBI, Khowai Branch. He was holding the account and has sufficient fund being the proprietor of Sree Guru Motors. He issued the cheque in favour of Aparesh Deb. The state bank authority was supposed to honor the cheque and deposit the amount in the account of Aparesh Deb as desired in the bank deposit form. After crediting the amount in the bank account of Aparesh Deb the bank authority could transfer it to the CC account of Aparesh Deb after taking his consent, also deduct the legal expenses Rs.90,000/- after satisfying Aparesh Debabout such expenses. This was the proper procedure to be followed. But that was not done by the manager of SBI. Proper customer service was not given. Without consent of the account holder money was syphoned to the internal bank account in clandestine manner. Such activity can not be appreciated. In our views it is deficiency of service by the State Bank of India authority. Petitioner therefore, is entitled to get compensation for this deficiency of service. 

9.        In this case the amount written in the cheque Rs.7.5 lakhs is to be deposited in the SB account of Aparesh Deb not to the internal account of the bank. Both the points are decided accordingly.

10.        In view of our above findings over the points we direct the State Bank of India, Khowai Branch for depositing the cheque amount Rs.7,50,000/- in the SB account of Aparesh Deb vide no- 11808857116 as desired by Aparesh Deb and thus to honor the cheque. We also direct O.P.-Bank Manager to pay Rs.50,000/-(Rupees Fifty Thousand) as compensation to the petitioner and Rs.5,000/-(Rupees Five Thousand) for litigation cost, in total Rs.55,000/-(Rupees Fifty Five Thousand). The amount is to be paid within 2(two) months and the cheque amount Rs.7,50,000/-is to be deposited in the SB account of Aparesh Deb within 15(fifteen) days without fail. If the amount for paid within 2(two) months it will carry interest @9 % P.A.            
    
                          Announced.

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA