DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

 

CASE NO:  CC – 139  of   2017

 

 

Sri Bhagirath Chandra Arya,

S/O- Lt. Nalini Kumar Arya,

C/O- Indra Mohan Debbarma,

A.A. Road, Radha Madhav Sarani,

Opposite of Tarun Sangha Club,

P.S. East Agartala, P.O. Dhaleswar,

West Tripura. …..........…...Complainant.

 

          -VERSUS-

 

1. Branch Manager,

State Bank of India,

Melarmath, P.O. Agartala, 

Agartala, West Tripura,

Pin- 799001.

 

2. State Bank of India,

State Bank Bhavan, 16th - Floor,

Madam Cama Road, Mumbai- 400021.

 

3. United Bank of India,

Hariganga Basak Road,

Agartala, District- West Tripura.

Pin- 799001.

 

4. United Bank of India,

11, UBI Tower, Hemanta Basu Sarani,

Kolkata- 799001. ............. Opposite Parties.

 

 

__________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 Debal Saha,

  Sri Mridul Kanti Arya,

  Smt. Shilpi Sarkar,

  Advocates.   

 

For the O.Ps No.1 & 2 : Sri Amritlal Saha,

  Sri Kajal Nandi,

  Advocates.

 

For the O.Ps No.3 & 4 : Sri A. Ray Barman,

  Miss Leena Sarkar,

  Advocates. 

  

 

 

JUDGMENT  DELIVERED  ON:  03.05.2018.

 

 

J U D G M E N T

This case arises on the petition filed by one Bhagirath Chandra Arya  U/S 12 of the Consumer Protection Act. Petitioner's case in short is that on 09.11.2017 he received a cheque for Rs.10,12,313/- from the L.A. Judge, Kailashahar, Unakoti. Cheque was of UBI, Kailashahar Branch. He was an account holder of SBI, Melarmath Branch. So he deposited the cheque in the Melarmath Branch of SBI for encashment. On 15.11.2017 bank official of SBI, Melarmath Branch told him that the cheque was not found in the computer generated cheque box so it was not processed. Thereafter the bank official found it in another box. On 19.11.2017 he again went to Melarmath Branch then SBI official returned the cheque with the forwarding letter of UBI bank 'Present with document'. What document is to presented not stated. Complainant then went to the UBI Branch. But the Branch Manager of HGB Road humiliated him without any cause. He did not help him in any way. Then again he went to Melarmath Branch of SBI and one bank official advised him to go to Kailashahar and to deposit it to Kailashahar Branch of SBI. Complainant then went to Kailashahar at SBI Branch but no help was provided to him. He again went to SBI, Melarmath Branch. Finally on 12.12.2017 cheque money was transferred to the account of the complainant. Due to such deficiency of service complainant was harassed and he did not get the interest over the amount for about 2 months. He therefore, prayed for payment of interest legal expenses Rs.15,000 and also Rs.30,000/- for deficiency of service. 

 

2. O.P.  SBI appeared, filed written statement denying the claim. It is stated that the cheque could not be sent as there was holidays between the date of submission. Cheque was sent but it was returned by the UBI. So, they have no liability at all. Thereafter the Branch of SBI sent the cheque to Kailashahar Branch of UBI where it was cleared and amount was deposited on 12.12.2017. 

 

3. O.P. No.3 and 4, UBI in the written statement stated that the amount of cheque was for amount Rs.10 lacs so it was not cleared and as per security measure the Complainant was asked to produce relevant documents. There was no deficiency of service by UBI  and petitioner was not customer of UBI also.

 

4. On the basis of contention raised by both the parties following points cropped up for determination;

(I) Whether the petitioner was harassed by both the bank officials during the process of encashment of the cheque?

  (II) Whether the petitioner is entitle to get the compensation for deficiency of service by O.P.?

 

5. Petitioner produced receipt, letter of Branch Manager of SBI, copy of cheque, Exhibit -1 Series.

 

6. Petitioner also produced the statement on affidavit of one witness, Bhagirath Chandra Arya i.e., the complainant of the case.

 

7. O.P. declined to give any evidence.

 

8. On the basis of evidences produced by the complaint we shall now determine the above points.

 

Findings and decisions:

9. We have gone through the photocopy of cheque, receipt of SBI. It is admitted and established fact that cheque for Rs.10,12,313/- was issued by L.A. Judge, Unakoti, in favour of petitioner. Cheque was payable at per any branch. It was a cheque of UBI. It is admitted fact that cheque was deposited at Agartala branch where the petitioner was holding account. It was deposited as per receipt on 15.11.17.

 

10. We have gone through the return memo report dated 16.11.17. In that return memo report it is written that 'Present with document'. As petitioner was unable to present the cheque with document so petitioner could not encash the amount and cheque was returned to him. From the evidence of the petitioner it is found that petitioner then went to SBI branch and then UBI Branch. It is stated that he was humiliated by SBI, UBI Branch officials and thereafter on 20.11.17 he went to SBI, Melarmath Branch to find out a way. Bank official told that if the cheque was sent to SBI, Kailashahar Branch then cheque would be encashed after 2 to 3 months. So, he submitted the cheque on 20.11.2017 and after few days on 27.11.17 he went to SBI Melarmath Branch but the official did not cooperate and harassed him. Then he went to Kailashahar Branch of SBI. He also went to UBI, Kailashahar Branch but the official did not render any help. From the evidence it is found that petitioner was harassed and he asked to produce documents but what documents is to produced not disclosed to him. So in a helpless position he had to run to Kailashahar and Agartala Branches again and again and the bank officials harassed him for no cause. It is found that the petitioner produced Adhar Card, Election Identity Card, PAN Card and he is an account holder. Inspite of that the cheque was not encashed.

 

11. UBI in the written statement stated that as the amount of cheque is above Rs.10 lac so for security complainant was asked to produce relevant documents. But what are the relevant documents not stated to complainant. When the complainant went to their Branch the Branch officials harassed him and did not disclose the name of documents to be furnished. Ultimately on 12.12.2017 after about 2 months the cheque was encashed. For about 2 months petitioner had to run from pillar to post for encashment of the cheque. He was unnecessarily harassed by the O.Ps banks officials. He did not get the interest over the amount. It is clear that the petitioner was harassed for encashment of the cheque. Petitioner was account holder of Melarmath Branch of SBI. So he deposited the amount of cheque against his account at Melarmath Branch. Melarmath Branch officials is to collect the amount. But from the computer generated letter it is found that the Melarmath Branch of SBI unable to obtain payment of the enclosed cheque and asked him to present with documents. What documents is to furnish not stated. It was not told how it will be encashed after return. On 19.11.2017 cheque was deposited in the Melarmath Branch. Thereafter Melarmath Branch sent the cheque to the Kailashahar Branch of SBI for collection. It could have been done in the first occasion. Petitioner was asked to go to Kailashahar for enquery for approach. In this electronic days it is not necessary to send the cheque to Kailashahar Branch for encashment of amount. Amount could have been drawn through computerized system from Agartala within 48 hours. But it was not done. The hard copy was sent by post to Kailashahar Branch and the UBI Branch of Kailashahar where the amount was lying also did not clear it and took more than 2 months time for clearance. This is deficiency of service by both the UBI and SBI officials. Due to such deficiency of service petitioner suffered. 

 

12. We have gone through the cheque encashment forwarding letter deposited and other documents, evidence and the oral evidence and found that petitioner was harassed by the bank officials and he suffered loss of interest over the amount of Rs.10,12,313/-. He also suffered because of the misbehavior of the bank officials. For the aforesaid reasons we are of the considered opinion that the petitioner is entitled to get interest of Rs.7,648/- as calculated @ 8.5% interest for delay of late payment. He is also entitled to get Rs.20,000/-(Rupees Twenty Thousand) for deficiency of service which is to be paid equally by both the O.Ps, SBI and UBI. He is also entitled to get Rs.5,000/- for litigation cost to be paid by SBI. Thus, SBI is to Rs.10,000/- + Rs.5,000/- = Rs.15,000/-(Rupees Fifteen Thousand) and UBI is to pay Rs.10,000/- + Rs.7,648/- = 17,648/- (Rupees Seventeen Thousand Six Hundred Forty Eight) for loss of interest and deficiency of service. Payment is to be made within 2(two) months if not paid 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 SRI  U. DAS

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA