Delhi

New Delhi

CC/974/2013

M/S SUDHA PROPERTIES - Complainant(s)

Versus

CENTRAL BANK OF INDIA - Opp.Party(s)

25 Jul 2019

ORDER

 

 

   CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 974/2013                                                                       Dated:

In the matter of:         

M/S Sudha Industries

Through its Proprietor/Partner Sh. Vineet Aggarwal

1/429/3, Gali no. 1, Friends Colony Industrial Area

G.T. Road, Shahdara

Delhi-110095                                                                                                                                                                                                                                                                       ……..COMPLAINANT

 

VERSUS

 

The Chief Manager

Central Bank of India

Ashoka Hotel, 50B, Chanakya Puri

New Delhi-110021

 

The Chief Manager

Central Bank of India

Vikas Sadan, block ‘C’ INA Marker

DDA Complex, New Delhi-110023 

                                                                                                   ….........OPPOSITE PARTIES

 

 

 

 

 

  ARUN KUMAR ARYA-PRESIDENT

    ORDER

The brief facts of the complaint are that the complainant had an account bearing no. 3023837214 with Central Bank of India, Vikas Sadan, INA, New Delhi. It is alleged that on telephonic communication of the Chief Manger of the branch, it came to the notice of the complainant that the recovery of Rs. 2 lacs was contemplated on account of a cheque bearing no. 20488 dated 12/09/2009, issued in favour of M/s Mech Industries Pvt. Ltd. which was debited from some others account by mistake of the branch official at Ashoka Hotel and also sought explanation. The complainant immediately represented with request to inquire in to the gross misconduct & negligence of officials. The complainant admitted to have issued said cheque to the above named Company and also stopped its payment in September, 2009 as there was some issues with the payee’s Co. On resolution of issues the complainant issued another cheque no. 20492 dated 09/10/2009, which was encashed on 13/10/2019.

Allegation of deficiency in service on the part of OP-2 i.e. branch manager, Vikas Sadan has been alleged as the payment against the said cheque was stopped but the same cheque was presented at Ashoka Hotel Branch and encashed. The complainants were not informed that the said cheque had been presented for encashment.  The periodic statement of account did not reflected any such entry dated 22/02/2013. Alleging also the unfair trade practice by the OP, following prayer has been made:-

1. “That the OP be directed to refund the amount of Rs. 2,00,000/- debited by the OP-1 from the account of the complainant in a very illegal, unlawful and arbitrary manner with interest @ 15% p.a.
2. That the complainant be awarded with a sum of Rs. 10,00,000/- towards damages/compensation on account of Harassement, mental agony, shock, repulsion, miseries etc. caused to the complainant as well as on account of financial losses incurred by the complainant.
3. Cost of the complaint and the legal expenses incurred by the complainant be also awarded in favour of the complainant and against the OP.
4. Any other relief which the Hon’ble Forum may deem fit and proper be also granted in favour of the complainant and against the OP.”

The OP was noticed. Reply to the complaint was filed. It is stated in the written statement that the complainant had been running a group of industries  under different name and style. It has been admitted that the complainant had been operating more than 80 several current accounts for commercial purpose with the OP, as such, the complaint was not maintainable. The complainant is not consumer under the provisions of Consumer Protection Act, 1986. It is stated that the cheque no. 20488 was presented for clearance through HDFC Bank and the same was credited to M/s Mech Industries on 15/09/2009 and the mail of HDFC dated 13/07/2014 placed on record. It is also stated that OP credited the amount by debiting the account of Bihar Bhawan instead of M/s Sudha Industries/The complainant. It is also stated that mandate to stop payment was given by complainant after 27 days i.e. 09/10/2009 on the ground “Lost in post” and prayer to dismiss the complaint has been made.

The complainant filed rejoinder & evidence in affidavit. OP also filed evidence.

We have considered the material placed before us with relevant provisions of law. It would be appropriate to first consider the preliminary objection whether the complaint is the consumer or not under the provisions of Consumer Protection Act. Admittedly, the complainant is a firm engaged in commercial activities and that the current account is commercial in nature. The complainant had a numbers of current accounts with the OP. Disputed transaction also related to the current account of the complainant which is meant for business activity/commercial in nature. Under the provision of Consumer Protection Act, the complainant does not qualify to be a consumer and as such, we hold that the  complainant is not a consumer. We are also guided on the issue of Commercial purposes by the Hon’ble Apex court in the case of Sushma Goyal Vs. PNB decided by National Commission in RP no. 134/2011 on 07/04/2011.

 The complaint is accordingly dismissed with no order as to cost. Going into other factual aspect would not be appropriate in the facts and circumstances of the case. The complaint is accordingly disposed off in above terms.

Copy   of   the order may  be  forwarded  to  the  parties  to   the    case    free  of     cost      as   statutorily    required. 

Announced in open Forum on  25/07/2019.

The orders be uploaded on www.confonet.nic.in.

 

 

                                                           (ARUN KUMAR ARYA)

                                                                    PRESIDENT

                     (NIPUR CHANDNA)                                                          (H M VYAS)

                         MEMBER                                                                     MEMBER