Order No. 17 Dt. 22.03.2017
This is an application u/s. 12 of C.P. Act, 1986 filed by the petitioner Lutfal Haque, claiming deficiency against the O.P. Bank amounting to Rs. 10000/- and Rs.7000/- for mental agony and harassment and cost of litigation.
The case of the petitioner in short is that Jasmina Haque his daughter received one cheque from the Chief Minister of West Bengal amounting to Rs. 10000/- as his daughter is a brilliant student and brought the cheque as a scholarship vide Cheque No. 100152 dt. 28.03.2015. The said cheque was deposited by the said petitioner duly filled in in the account of the daughter of the petitioner being Savings A/c. No. 5476019019931 of Bangiya Gramin Vikash Bank (Hereinafter called BGVB) Sahabazpur, Malda Branch on 27.05.2015 but the petitioner did not receive the said amount of Rs. 10000/- in the account of the petitioner’s daughter. One morning he received one envelope and after opening the same he got the said cheque with endorsement cancel as the cheque was not filed within the three months. When the petitioner filed this cheque in the bank on 27.05.2015 there was sufficient time
but the Bank Authority due to their negligence and deficiency of service cause the injury of the petitioner. So he filed this case before this Forum.
Summons sent upon O.P. Nos.1 & 2 by registered post but non appeared for O.P. Nos.1 & 2. So the suit run ex parte against them
:DECISION WITH REASONS:
Petitioner is examined as P.W.-1. He filed some documents marked as follows:
- The Pass Book A/c. No. of Jesmina Haque (Ext.-1)
- The copy of the said A/c. Payee Cheque (Ext.-2)
- Deposit Slip (Ext.-3)
- Registered Envelope ( Ext.-4)
- Letter sent to Jesmina Haque by BGVB Bank (Ext-5)
The petitioner narrated the fact of the plaint case on dock. Jesmina Haque a student of class XII received one Cheque No. 100152 dt. 28.03.2015 to the tune of Rs. 10000/- issued by the Pay and Accounts Department from the Govt. of West Bengal as Scholarship Money and this cheque was deposited in the name of the Jasmina Haque on 27.05.2015. Therefore, it is established that the cheque was deposited when the cheque was valid. The cheque was issued on 28.03.2015 but the Bank Authority after getting more than one month’s time failed to encash the amount in the account of the said Jesmina Haque. The petitioner rushed to the Bank Authority several times but they did not take proper care and due to the deficiency of the Bank Authority the time/validity of the cheque expired. The bank authority sent the said cheque on 09.09.2015 with intimation that the cheque was cancelled and requested the petitioner to revalidate the said cheque.
It is true that the Bank Authority has no right to revalidate but it is established that due to the deficiency of the Bank Authority the validity of the cheque was expired. In a modernize era when the bank and the other corporate wings taking the advantage of modern science this bank intimated the said fact to the petitioner on 09.09.2015 by registered post.
Considering this aspect we hold that the bank has deficiency on their part and they must have compensate to the said Jesmina Haque of
Rs. 5000/- and also to deposit Rs. 5000/- to the State Consumer Welfare Fund.
In the result, the case succeeds in part.
Proper fee paid.
Hence, ordered
that Malda D.F.C Case No. 84/2015 is hereby decreed ex parte against O.P. Nos. 1 and 2.
O.P. Nos. 1 and 2 are jointly and severally directed to pay Rs. 5000/- to Jesmina Haque D/o. Lutfal Haque of Vill. Bamantola, and to deposit Rs. 5000/- to the State Consumer Welfare Fund failing which the amount will carry interest @ Rs. 6% p.a. till realization and the petitioner is at liberty to put the decree in execution.
Let a copy of the order be given to the petitioner free of cost and the order must sent to the O.P. Nos. 1 and 2 by registered post.
