Orissa

Cuttak

CC/106/2022

Smt Malati Pradhan - Complainant(s)

Versus

Branch Manager,SBI - Opp.Party(s)

B Pradhan & associates

20 Feb 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

 

C.C.No.106/2022

          Smt. Malati Pradhan

         W/O:Bisikesan Pradhan,

         Plot No.1D/329,Sector-10,C.D.A,

          P.O:Markatnagar,P.S:Phase-II,

          Sector-11,Dist:Cuttack,PIN-753014.                     ... Complainant.

          Vrs.

 

1. Branch Manager,

SBI,Bidanasi Branch,

                  Sector-6,CDA

P.O:Mamrkat Nagar,

                  Dist:Cuttack,PIN-753014.

 

2. General Manager,

SBI Local Head Office,

II/I,Pt. Jawaharlal Marg,

                  Bhubaneswar                                                           ...Opp. Parties..

 

Present:            Sri Debasish Nayak,President.

                             Sri SibanandaMohanty,Member.

 

 

Date of filing:    03.06.2022

Date of Order:  20.02.2023

 

For the complainant:         Mr. B.Pradhan,Adv. & Associates.

For the O.P  no. 1       :       Mr.  A.K.Mishra,Adv. & Associates

For the O.Ps no.2     : None.

 

Sri Debasish Nayak,President.                                  

Case of the complainant as made out from the complaint petition in short is that she is having a Savings Bank Account at S.B.I, Bidanasi Branch vide S.B.A/c No.35203332313 since 4.9.2015.  On 4.9.2021 she had deposited an A/c payee cheque bearing no.210321 for an amount of Rs.7,00,000/- drawn on S.B.I,Satyam Complex,Radha Rani Sinha Road,Bhagalpur (Bihar) in the drop box as maintained by O.P no.1 in order to credit the same amount to her account.  On 20.4.21, the complainant could know that an amount of Rs.177/- has been debited from her account on 17.9.21 since because the said cheque was dishonoured.She was informed by the staff of the O.P no.1 that the said dishonoured cheque alongwith the cheque return memo would be sent to her home address by registered post by 22.9.21 since because the authorised officer was on leave.  Thereafter, when the complainant could not receive the said dishonoured cheque alongwith check return memo, she had made a representation to O.P no.1 on 18.10.21 through Registered Post with A/D with a copy to O.P no.2.  Ultimately she had filed this case seeking the dishonoured cheque amount of Rs.7,00,000/- from the O.Ps alongwith a sum of Rs.1,00,000/- towards their deficiency in service, further a sum of Rs.1,00,000/- towards her mental agony and also a sum of Rs.10,000/- towards her litigation expenses as because she could not take legal action due to the dishonouring of the cheque which was not sent to her by the O.Ps.

          Alongwith her complaint petition, the complainant has filed copies of the front page of her passbook, copy of the dishonoured cheque amounting to Rs.7,00,000/-, the cheque deposit slip, the letter as sent to the O.P no.1 etc.

2.         Out of the two O.Ps as arrayed in this case, O.P no.2 having not contested this case has been set exparte vide order dt.26.8.22.  However, O.P no.1 has contested this case and has filed his written version.  According to the written version of O.P no.1, the case of the complainant is not maintainable.   Of course he admits about the S.B.Account of the complainant in his branch where he is the Branch Manager.  According to O.P no.1, he had issued a registered letter to the complainant asking her to come personally to the bank and to collect the dishonoured cheque with the cheque return memo vide letter dt.29.10.21 with postal tracking no.E06217432112IN.  The O.P no.1 had also tried many a times to contact the complainant over telephone bearing No.8619919889 as given by the complainant in his account form and passbook, but he was deprived to speak to her as the call was attended by the husband of the complainant.  When the complainant did not turn up, the O.P no.1 sent letter asking the details of the complainant so that the dishonoured cheque and the cheque return memo would be sent to her.  Ultimately, he had sent those through speed post vide letter dt.10.9.21 but it was returned back with the endorsement “door locked” on 18.9.21 and again on 21.9.21 sent with endorsement “no such addressee”. Thus, it is the contention ofO.P no.1 through his written version that with a malafide intention, the complainant has filed this case which requires to be dismissed.

             Together with the written version, O.P no.1 has filed a copy of his letter addressed to the complainant mentioning about the locking of the door of the complainant on 18.9.21 and about the letter returned on 21.9.21 as no such addressee was found.  He has also filed copy of postal receipt mentioning thereinabout“door lock’ on 18.9.21 and “no such addressee” on 21.9.21.

             The complainant has filed his evidence on affidavit which when perused it is noticed that the same is only the reiteration of his averments as made in the complaint petition.

3.         Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.P. no.1, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue no.II.

Out of the three issues, issue no.ii  being the pertinent issue is taken up  first for consideration here in this case.

After going through the averments of the complaint petition, the contents of the written version and the copies of documents as filed from either sides, this Commission could know that admittedly the complainant has a S.B.Account with O.P no.1.  It is also  not in dispute that the complainant had deposited a cheque of Rs.7,00,000/- to be credited to her S.B.Account which she had dropped in the ‘drop box’ of the O.P no.1.  It is also not in dispute that the said cheque was dishonoured for which a sum of R.177/- was debited from the S.B.Account of the complainant.  The allegation of the complainant is that since because the O.Ps could not issue her the dishonoured cheque alongwith cheque return memo, she was unable to take legal recourse against the person who had issued the said cheque in her favour for which she had sustained  huge loss.  To the contrary, it is the contention of O.P no.1 that they had asked the husband of the complainant seeking the personal attendance of the complainant in order to receive the dishonoured cheque with cheque return memo from the bank.  O.P no.1 had tried several times to contact the complainant over the telephone no.8619919889 which was made available as given by her in the bank during opening of her account.  Ultimately, O.P no.1 had sent the dishonoured cheque with the cheque return memo through speed post to the complainant but as it appears from the copy of the postal receipt attached to written version of O.P no.1, the same was returned on 18.9.21 with an endorsement of “door locked” and for the second time on 21.9.21 with endorsement “no such addressee”.  Thus, from such facts and circumstances, this Commission do not find the O.Ps to be deficient in their service towards the complainant.  Accordingly, this issue is answered.

 

Issuesno.i&iii.

From the discussions as made above, the case of the complainant is not maintainable and the complainant is not entitled to the reliefs as claimed by her.

                                              ORDER

Case is dismissed on contest against O.P. no.1 and exparte against O.P no.2 and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 20^th day of February,2023 under the seal and signature of this Commission.          

                                                                        

                                                                                                Sri Debasish Nayak

                                                                                                        President

Sri Sibananda Mohanty

                                                                                   Member