C.F. CASE No. : CC/10/39
COMPLAINANT : Paltan Roy
S/o. Late Dijendra Chandra Roy
Of Vill. Jagadanapur (Near 1 No. G.P.)
P.O. Bethuadahari, P.S. Nakashipara,
Dist. Nadia
OPPOSITE PARTY/OP : Branch Manager
State Bank of India
Vill & P.O. Bethuadahari,
P.S. Nakashipara, Dist. Nadia, W.B.
PRESENT : KANAILAL CHAKRABORTY PRESIDENT
: KUMAR MUKHOPADHYAY MEMBER
: SMT SHIBANI BHATTACHARYA MEMBER
DATE OF DELIVERY
OF JUDGMENT : 12th May, 2010
: J U D G M E N T :
In brief, the case of the complainant is that he deposited two cheques for Rs. 1,20,219/- and Rs. 73,870/- at his Savings Bank A/C No. 11276989994 on 26.08.09. It is his further case that 15 days later he went to the office of the OP and enquired whether the cheques were credited or not. But he learnt from the office of the OP that the cheques were kept in the drawer of the concerned clerk. Thereafter, both the cheques were sent for clearance on 11.09.09. No satisfactory reply was given to him by the OP for causing delay in clearing the cheques. This activity of the OP is a great deficiency in service which has caused sufferings and financial loss of the complainant. So having no other alternative he has filed this case praying for the reliefs as stated in the petition of complaint.
The OP has filed a written version in this case, inter alia, stating that this complainant deposited two cheques in his SB A/C on 26.08.09 for Rs. 73, 870/- and Rs. 1,20,219/-. It is his submission that both the cheques were encashed on 05.10.09 and overdue interest for both the cheques being Rs. 234/- dtd. 03.11.09 and Rs. 131.56 dtd. 07.04.10 were already credited to the account of the complainant. So he submits that the complainant has no further claim and the case be dismissed against him.
POINTS FOR DECISION
Point No.1: Is the case maintainable in its present form and nature?
Point No.2: Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS
Both the points are taken up together for discussion as they are interrelated and for the sake of convenience.
On a careful perusal of the petition of the complaint along with annexed documents and the written version filed by the OP it is available on record that on 26.08.09 this complainant deposited two cheques for Rs. 1,20,219/- and Rs. 73,870/- in his Savings Bank A/C under the OP. From the documents as well as arguments also of the ld. lawyers for the parties it is available that both the cheques were encashed and cleared by the OP on 05.10.09 and the amount was credited to the account of the complainant on the same date. From the statement of account submitted by the OP it is available that due to delay for encashment of the cheques interest was paid by the OP to the complainant and the said interest was credited to the account of the complainant on 03.11.09 amounting to Rs. 234/- and on 07.04.10 amounting to Rs. 131.56. Thus we find that this OP caused delay in clearing the cheques for about 40 days. No reason is assigned by him for causing this delay, though he has paid interest to the complainant for causing this delay in connection with these cheques which is not denied by the ld. lawyer for the complainant at the time of argument. Complainant has prayed for compensation for mental pain and agony. From the record it appears that the OP caused delay of 40 days in encashing the cheques deposited by the complainant. Naturally, the complainant suffered both mental pain and financial loss also which cannot be compensated by giving some interest to the complainant. It is a deficiency of service on the part of the OP also. So our considered view is that the complainant is entitled to get the compensation for mental pain and agony suffered by him along with litigation cost. In result the case succeeds.
Hence,
Ordered,
That the case, CC/10/39 be and the same is decreed on contest against the OP. The complainant is entitled to get Rs. 5,000/- as compensation for mental pain and agony caused to him + litigation cost of Rs. 1,000/-, i.e., in total Rs. 6,000/-. The OP Bank is directed to make payment of the decretal dues to the complainant within a period of one month since this date of passing this judgment, in default the decretal amount will accrue interest @ 9% per annum since this date till the date of realization of the full amount.
Let a copy of this judgment be delivered to the parties free of cost.
