DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 06 OF 2016

Tulsa Munda,

D/O- Bhasa Munda,

RO: Kudaloi,Gangapada,

PO: Kudaloi, PS: Lakhanpur,

Dist: Jharsuguda,Odisha…………………………....…………………Complainant.

Versus

1. Branch Manager,

UCo Bank, Belpahar Branch,

At/PO/PS: Belpahar,

Dist: Jharsuguda,Odisha.

2. Regional Manager,

UCol Bank, Building 3^rd floor

C-2 Ashok Nagar, Unit-II,Bhubaneswar-751009.

3. Branch Manager,

Axis Bank Ltd.,Jharsuguda Branch,

PS/ Dist- Jharsuguda, Odisha.………………………………….Opp. Parties.

Counsel for the Parties:-

For the Complainant                                   Sri S.N.Pasayat,Adv. & Associates.                     

For the Opp. Party No.1                              Sri Abdul Zalil, Adv. & Associates.

For the Opp. Party No.2                           Self ( Ex-Parte).

For the Opp. Party No.3                           Sri K.C.Agrawal, Adv. & Associates.

Date of Order: 21.03.2017

Present

                                                                        1. Shri S.L.Behera, President.

                                                                       2. Shri S.K. Ojha, Member.

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

Shri S.L. Behera, President :-   The brief facts of the complaint case is that, the complainant is a saving Bank account holder of O.P.No.1 and had received a cheque bearing No. 036443 dtd.21.01.2014 from Hon’ble District Judge-cum-MACT,Jharsuguda in MAC Case No. 11/2011 on dtd. 15.03.2014. The complainant deposited the said cheque to the O.P.No.1 on dtd.15.04.2014 for encashment where Rs.29,890/- only has been credited in the account of complainant on dt.23.04.2014 but the amount was withdrawn by O.P.No.1 on dtd. 26.04.2014 for the reason “Cheque return wrongly CR”.  The complainant requested to return the said cheque but the O.P.No.1 did not return. On several request the O.P.No.1 returned the said cheque in the last week of December,2015 with an endorsement of outdated instrument.  Due to such negligent act of O.P.No.1 the complainant filed this case alleging unfair trade practice by the O.Ps.  

            On receiving notices the O.P.No.1 filed his written version through his counsel and submitted the complainant deposited said cheque on dtd. 15.04.2014 for encashment and the same was credited in her account but never withdrawn by the O.P the amount so credited but that was subsequently debited by the drawee bank and the same was returned to this O.P on dt.22.04.2014 in the ground “Outdated Instrument”.  The O.P immediately informed the complainant who obtained the cheque on dt.28.04.2014.  The O.P.No.1 further submitted that the allegation of unfair trade practice is completely misleading and baseless and prayed for dismissal of the case.  The O.P.No.2 fail to appear and filing of written version and stand ex-parte.  The O.P.No.3 appeared and filed written version in the belated stage after being declared as ex-parte.  In the written version O.P.No.3 submitted that the complainant is not a consumer of O.P.No.3 and has deposited the cheque dtd. 21.01.2014 which reached to the O.P.No.3 on dt.22.04.2014 i.e expiry of three months date of validity which was returned by the O.P.No.3 with the remarks “Outdated Instrument” and denied all the allegations of the complainant. 

            Heard from both the sides and perused the materials available on record. The complainant received a cheque of Axis Bank vide No. 036443 dtd.21.01.2014 of Rs.30,000/- only which was presented before the O.P.No.1( UCo Bank,Belpahar Branch) on dtd.15.04.2014 for encashment where the UCo Bank,Jharsuguda Branch forwarded the said cheque to the O.P.No.3/Axis Bank,Jharsuguda Branch on dtd. 22.04.2014 for clearance. The O.P.No.3 wrongly credited the amount Rs.29,890/- only in the account of complainant and while it came to knowledge that the said cheque has crossed its validity i.e. 21.04.2014, debited from the said credited amount from the account of complaint on dtd. 26.04.2014. The O.P.No.3 has returned the cheque with a memo stating outdated instrument to the UCo Bank on dtd. 22.04.2014.

            Though the complainant deposited the cheque for clearance within validity period i.e. on dtd. 15.04.2014 but very near at the end of validity period.  The O.Ps. by performing all the formalities presented the cheque on dtd. 22.04.2014 i.e. just a day after the expiry of validity of the cheque i.e. 21.04.2014.

            On the above facts and circumstances, the activities of the O.Ps. cannot be said to be committed of any unfair trade practice or deficient in service. Hence the complaint petition is hereby dismiss with no costs.      

Accordingly the case is disposed of.

Order pronounced in the open court today the 21^st day of March’ 2017 and copy of this order shall be supplied to the parties as per rule. 

          I Agree.                             I Agree.                                                                                           

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

Dictated and corrected by me

S. L. Behera, President