DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER  COMPLAINT  CASE NO. 49 OF 2016

Sashmita Bohidar ( 32 Yrs.),

W/O: Asit Kumar Bohidar,

RO/PO/PS: Kolabira,

Dist- Jharsuguda, Odisha……………………………...……………. Complainant.

                                           Versus 

Branch Manager,

State Bank of India, Samasingha Branch,

At/PO: Samasingha, PS: Kolabira,

Dist: Jharsuguda, Odisha…............................................................... Opp. Party.

Counsel for the Parties:-

For the Complainant                                   Shri Santosh Dash, Adv. & Associates.

For the Opp. Parties                                 Shri K.C. Agrawal, Adv. & Associates.

Date of Order: 06.03.2017

Present

                                                                                     1. Shri S.L Behera, President.

                                                                                     2. Shri S.K. Ojha, Member.

                                                                                    3. Smt. A.Nanda, Member( W).

Shri S.K Ojha, Member:-  The brief facts of the complaint case is that, the complainant is the holder of account bearing No. 33171160588 of State Bank of India, Samasingha Branch with having cheque facility.  The complainant being the proprietor of Abanabi Engineering issued a cheque bearing No. 926306 amounting Rs.26,364.24P only on dtd.21.06.2016 in favour of Renuka Engineering towards legal dues in connection with her business. The said Renuka Engineering deposited the said cheque before Central bank of India, Jharsuguda branch for clearance but the O.P dishonored the said cheque for the reason “funds insufficient” on dtd. 22.06.2016 while there was sufficient balance in the said account of the complainant.  The said Renuka Engineering intimated to the complainant, the complainant suffers from mental depression as she is an Income Tax Payee and has a high reputation in her business circle.  Alleging gross negligence and unfair trade practice the complainant filed this case.

On being noticed the O.P failed to either appear or filing his written version and after being providing sufficient opportunities he stand ex-parte ultimately.

Heard from the complainant and perused the materials available on record.  As per the statement of account dtd.22.06.2016 the complainant deposited Rs.40,000/- only and debited  Rs.39,005.75P only and the balance amount remaining was Rs.42,114.51P only.  A cheque of complainant bearing No. 926306 dtd. 21.06.2016 of State Bank of India, Samasingha Branch amounting Rs.26,364.24P only was issued in favour of one Renuka Engineering but at the time of collection, the O.P issued a memo to the Central Bank of India citing code No. 01-09 of  “Reason For Return” on dtd. 22.06.2016. The said reason denotes “Funds Insufficient” while there was sufficient amount having Rs.42,114/- only was lying on the said account of complainant.

            Dishonoring of cheque while there was sufficient balance of amount in the account of a consumer  is nothing but deficiency in service on the part of Bank which exactly happened in this case.

            As per the above mentioned facts and circumstances this Hon’ble Forum allow the complaint petition with directions to the O.P to pay a sum of Rs.5,000/- (Rupees five thousand) only towards mental agony, harassment including litigation costs if fails, the O.P shall be liable to pay interest @ 10% per annum on the abovementioned awarded amount till realization.

             Accordingly the case is disposed of.

Order pronounced in the open court today on this the 06^th of March, 2017, copy of this order shall be communicated to the parties as per Rule.

 I Agree.                                     I Agree.

1. Nanda, member ( W)        S.L.Behera, President             S.K.Ojha, Member                                                                                                                                           

Dictated and corrected by me.

       S.K.Ojha, Member