Delhi

North East

CC/308/2015

Sob Singh - Complainant(s)

Versus

Branch Manager Syndicate Bank - Opp.Party(s)

02 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 308/15

 

In the matter of:

 

	Sob Singh S/o Late Raghuveer Singh R/o A-1/342, Gali No.11, Harsh Vihar Delhi -110093.	Complainant
	Versus
1.       2.	Branch Manager Syndicate Bank Branch Nand Nagri, Delhi-93.   Branch Manager UCO Bank, Shikarpur Distt. Bulandsher-202395.	Opposite Parties

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :

25.08.2015 27.04.2018 02.05.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. In this complaint the complainant has submitted that he had an account with OP1 Bank, Nand Nagri Branch bearing Account                  No. 91172010009079 and he had deposited a cheque of Rs. 3,219/- dated 28.04.2015 bearing No. 237078 drawn on OP2 bank Shakarpur, Bulundshahr branch U.P. on 12.05.2015 with OP1. He has further submitted that after a week of deposit, when he enquired from OP1 about whether the cheque amount has been credited to his account or not, he was told by the bank manager of OP1 that the cheque would be cleared after 4-5 days. The complainant has further submitted that he had visited the bank many times but he was told by the bank officials that the cheque had not yet been cleared. Thereafter, a letter dated 05.08.2015  was written by OP1 to OP2 address to its BM asking about the fate of the above mentioned cheque which letter the complainant had taken to OP2 personally. In response, OP2 gave hand written note on the above said letter stating that till 12.08.2015, the said cheque amount had not been paid and he was asked by OP2 to show the same to OP1. The complainant had submitted that till date, the amount of cheque has not been credited to his account. The complainant has prayed before this Forum vide the present complaint that an amount of Rs. 20,000/- be awarded to him payable by OPs as compensation for mental agony and Rs. 5,000/- as litigation expenses.

The complainant has attached a copy of cheque No. 237078 dated 28.04.2015 drawn on OP2 bank for Rs. 3,219/- in favour of complainant, copy of letter dated 05.08.2015 written by OP1 to OP2, copy of counter foil of deposit the cheque dated 12.05.2015 in the account of complainant bearing account No. 91170210009079 and copy of front page of passbook of the above account of complainant held with OP1.

2. Notice was served on the OPs on 15.09.2015 but despite service OPs did not appear before this Forum hence they were proceeded against ex-parte vide order dated 01.12.2015.
3. Ex-parte evidence by way of affidavit was filed by the complainant wherein complainant exhibited copy of passbook, copy of cheque in question alongwith bank deposit receipt and letter dated 05.08.2015 from OP1 to OP2. It was also stated complainant that he had requested OP2 to issue another cheque in his favour but despite request the OP2 failed to issue another cheque in favour of the complainant and it appears to the complainant that the cheque in question was lost due to deficiency on the part of OPs and as such the complainant may be awarded as prayed in the complaint.
4. Written arguments were filed by the complainant wherein he reiterated his contentions made in the complaint as well as evidence by way of affidavit.
5. We have heard the oral arguments addressed by the complainant and gone through the evidence submitted by him in support of his averments.

From the documents placed on record and exhibited by the complainant and unrebutted by the OPs it is evident that cheque No. 237078 dated 28.04.2015 issued by OP2 in favour of the complainant was deposited by the complainant with his account holding bank OP1 in May 2015 but never got credited / encashed. The OPs did not appear before this Forum to clarify/explain this issue and in the absence of any rebuttal/explanation/defence about the cheque in question by the OPs, we are of the opinion that the complainant has succeeded in establishing a deficiency of service on the part of OPs. The OPs did not inform the complainant about any defect in the cheque deposited by him for credit into his account and also did not clear to the account holder as to why the above cheque was not credited to his account.

The Hon’ble National Commission has dealt with similar issue of cheques having been lost in transit where they were neither returned nor amount paid by the bank in case of PSB Vs Sanjeev Valia IV (2007) CPJ 213 (NC), Indian Bank Vs K.Swamanna (2007) III CPJ 28 (NC) and Corporation Bank Vs NCS Films (2007) III CPJ 30 (NC) and Canara Bank vs Shri Sudhir Ahuja (2006) III CPR 411 (NC) in which the Hon’ble National Commission had held that such cases amount to deficiency of service on the part of Bank and the complainant was entitled to adequate compensation for loss of cheque in transit but the bank cannot be burdened to pay the entire cheque amount which is not legally sustainable proposition.

6. In view of the settle proposition of law, we direct both the OPs jointly and severally as issuing drawee and drawer bank to pay a sum of Rs. 10,000/- to the complainant towards compensation for harassment and mental agony as well as litigation expenses (both inclusive) against the lost / misplaced / encashed cheque within 30 days from the date of receipt of copy of this order.  In the event of failure, OPs shall be liable jointly and severally to pay Rs. 10,000/- to the complainant alongwith penal interest @ 9% p.a. on the total awarded amount from the date of passing of this award till realization.   
7.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
8.   File be consigned to record room.
9.   Announced on  02.05.2018

 

(N.K. Sharma)     President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member