SRI BIJOY KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of non-return of dishonoured cheque are the allegations arrayed against the Opp.Party.
2. Complaint, in brief reveals that Complainant is a Saving Bank Account holder of Op-State Bank of India, Marshaghai Branch, bearing S/B Account No. 37031105233. It is alleged that, Complainant deposited a cheque before the Op-Bank bearing its No. 02095 of Union Bank, Bhubaneswar amounting of Rs. 15,000/-for its collection and credit. But, when Complainant updated her passbook came to know that the said cheque has been returned to the Op-Bank with remark ‘dishonour’. It is further alleged that, Op-Bank after receive of the said dishonoured cheque did not inform the Complainant for which Complainant was deprived of taking appropriate legal steps for realization of the cheque amount. Lastly on dtd. 09.09.2017 Op-Bank flatly refused to give the cheque as the same has been sent through Post, without giving the delivery details of the said cheque. Being aggrieved Complainant issued a legal notice on dtd. 14.09.2017, but the Op paid a deafear to the said legal notice. It is stated that the act of the Op-Bank by not sending the dioshonoured cheque in time gives mental agony to the Complainant and Op-Bank committed deficiency in service in this respect. Hence, it is prayed that a direction may be given to Op-Bank to pay Rs. 40,000/- as compensation alongwith return of said dishonoured cheque.
3. Upon notice Op-Bank appeared through Ld. Counsel Mr. R.P.Lenka and files written statement into the dispute denying the allegations and submitting the facts it is stated that Complainant is a S/B Account holder of Op-Bank bearing No. 37031105233 and Complainant deposited a cheque bearing No. 02095 amounting of Rs. 15,000/- of Union Bank of India, Bhubaneswar on dt. 28.06.2017 for its realization. It is averred that, though Op-Bank sent the cheque on dt. 21.07.2017 for its realization, but said cheque returned bounced ‘due to in sufficient funds’ in the drawer’s Account, accordingly, the said cheque was returned to Complainant with cheque return memo on dtd. 09.08.2017 through Regd. Post bearing No. RL-ARO-834932296IN. It is averred that, when the Complainant inquired about the Regd. letter on the branch of Op-Bank, the Op-Bank produced the Postal receipts for acknowledgment of the Complainant. The Op- Bank took further steps and wrote a letter on dt. 22.09.2017 to Post Master, Marshaghai and also handed over a letter to Post Master, Jadupur Sub-Post Officer, on dtd. 05.02.2018 to know the status of the said Regd. letter, which continued the cheque. But inspite of the best efforts of OP-Bank to trace the said letter and due intimation has been given to the Complainant in this respect and in case of missing of dishonoured cheque during transit ample scope lies with the Complainant to take appropriate legal action against the drawer. In the circumstances, Op-Bank preys before this Forum that, no deficiency has been committed as alleged by the Complainant and the Complaint is liable to be dismissed with cost.
4. Takeup the case of the Complaiannt on merit as non-appears on date of hearing and Heard ld. Counsel MR. R.P.Lenka appearing for Op-Bank, perused the documents filed into the dispute. The admitted facts of the complaint are that, Complainant is a S/B Account holder of Op-Bank bearing S/B Account No. 3703115233. It is also admitted fact that Complainant deposited a cheque bearing No. 02095 of Union Bank of India, Bhubaneswar amounting of Rs. 15,000/- deposited with OP-Bank for its realization. It is further admitted that, though the disputed cheque was dishonoured, returned to Op-Bank but the same is not delivered to the Complainant.
The Complaint is filed on the allegation that, as the dishnoured cheque did not reach to the Complainant, he lost the opportunity to take legal action against the drawer and liable the Op-Bank as deficient in service for non-delivery of dishnoured cheque. Countering the allegations of deficiency in service Op-Bank states that, the disputed cheque was deposited with Op-Bank on dt. 21.07.2017 and on the same day the cheque has been sent for collection, and on its non-clearance for insufficient funds, the said cheque was returned to Op-Bank on dt. 01.08.2017. It is also the case of the Op-Bank that, on receipt of the dishonoured cheque same was returned to Complainant on dt. 09.08.2017 through Regd. Post on the home address of the Complainant. On receipt of the Complaint of non-delivery of dishnoured cheque, Op-Bank wrote a letter to the Post-Master, Marshaghai Post Office, Marshaghai on dt. 22.09.2017 and a copy of the said letter was sent to Branch Post- Master, Jadupur to know the status of the letter and on its non-response Op-Bank also wrote a letter to Post Master, Jadupur Post Office on dt. 05.02.2018. It is the plea of the Op-Bank that, the said dishnoured cheque which was sent to the Complainant-Account holder is lost on transit and Op-Bank is no way negligent and not committed any deficiency in service rather takes appropriate steps for sending the dishnoured cheque to the Complainant. Op-Bank on support of their claim filed attested Xerox copy of cheque deposited from dtd. 21.07.2017, attested Xerox copy of Postal consignment tracking data and Postal receipts and also filed attested photocopy of letter dtd. 22.09.2017 and 05.02.2018 addressed to Post Master, Marshaghai and Post Master, Sub- Post Office, Jadupur.
Considering the allegations and its counter documents filed before us, it is clear that the disputed cheque was deposited on dtd. 21.07.2017 and sent for collection on the sameday and the cheque was returned to Op-Bank on dtd. 01.08.2017 with remarks ‘dishnour’, which is clearly revealed from the documents of Postal consignment data and S/B pass book of the Complainant. It is also clear that, the Op-Bank sent the dishnoured cheque to the Complainant on dtd. 09.08.2017 by Regd. Post which is evident from the Postal receipts filed before the Forum. It is made it clear that the Op-Bank had received the dishonoured cheque on dtd. 01.08.2017 and returned the said cheque to the Complainant within 8 days which is not an inordinate delay and further the Op-Bank has taken steps writing letters to the concerned Post- Offices for tracing the letter. In the circumstances, it is observed that Op-Bank has taken appropriate steps to realize the cheque amount and after dishnour of cheque returned the same to the Complainant through Regd. Post without causing any intentional delay, for which Op-Bank can’t be liable for deficiency in service as alleged. The disputed cheque might be lost on transit for which Op-Bank cannot be blamed for the same. Op-Bank to support their case filed a number of decisions of Honbl’e State Commission and Honbl’e National Commission which includes a decision of the Forum in C.C.Case No. 55/09. It is quite clear that Op-Bank has taken due care and caution to realize and sending the dishnoured cheque to the Complainant- Account holder.
Having observations reflected above the Complaint is dismissed on merit without any cost.
Pronounced in the open Court, this the 28th August,2018.
I,agree.
Sd/- Sd/-
MEMBER PRESIDENT
