Date of filing: 19.01.2017 Date of disposal: 05.03.2018
Complainant: Sushil Kumar Chatterjee, S/o. Late Sudhir Kumar Chatterjee, Village & P.O.-
IKRAH, P.S.-Jamuria, Dist.-Burdwan, Pin-713362.
-VERSUS-
Opposite Party No.1.: Chairman, State Bank of India, State Bank Bhawan, 14th floor, Madame
Cama Road, Nariman Point, Mumbai, Maharashtra-400 021.
2. The General Manager, State Bank of India, Samriddhi Bhawan, 1,
Strand Road, Kolkata-01.
3. The Regional Manager (R-IV), RBO Durgapur, Durgapur Branch
Premises, First Floor, Near DSP Main Gate, Durgapur-713203.
4. The Branch Manager, State Bank of India, Bijpur Branch (8200), P.O.-
Bijpur, Via-Searsol, Rajbari-713358.
Present: Hon’ble President: Smt.Jayanti Maitra(Ray).
Hon’ble Member: Miss Nivedita Ghosh.
Hon’ble Member : Dr. Tapan Kr. Tripathy.
Appeared for the Complainant: Complainant himself.
Appeared for the Opposite Parties: Ld. Advocate, Soham Som.
JUDGEMENT
This is a case U/s. 12 of the C.P. Act for an award directing the O.Ps. to credit the amount of Rs.7,50,000/- to the complainant’s Saving Bank A/c. being No.11857810328 and to pay Rs.2,50,000/- as interest and demurrage to the complainant.
The complainant’s case in short is that he is a customer of State Bank of India, Bijpur Branch since more than twenty years. In the said bank complainant has an account bearing No.11857810328. On 24.01.2015 the complainant deposited two cheques in the SBI at Bijpur Branch bearing cheques Nos. 25616 and 25617 amounting to Rs.2,00,000/- and Rs.3,00,000/- totaling Rs.5,00,000/- and on 30.01.2015 the complainant also deposited a cheque bearing No.73 in the said bank amounting to Rs.2,50,000/-.
On 4.2.2015 the complainant met with the Branch Manager of SBI at Bijpur Branch and learned that SBI has not received any information from the drawee bank. The then Branch Manager also informed the complainant that there is no need to come to the bank for getting information of the cheques, it is the responsibility of the bank to inform the complainant about the status of cheques. On 11.02.2015 the complainant again went to the SBI at Bijpur Branch and requested to the Branch Manager to inform the status of the cheques which he deposited on 24.1.2015 and 30.1.2015 respectively but Bank Manager did not bother to inform the actual status of the cheques.
On 22.6.2015 the complainant update his pass book and came to know that cheque No.73 was dishonoured on 5.2.2015 and cheue No.25616 and 25617 were dishonoured on 9.2.2015. Immediately the complainant rush to the Branch Manager of SBI, Bijpur Branch and the pass book shown to him but the Branch Manager could not give any fruitful reply. Only informed that matter will be discussed with the higher authority and appropriate action will be taken. Thereafter several times the complainant visited the bank but no fruitful result comes out. On 29.10.2015 the complainant again went to the bank to deposit one written complaint but the Branch Manager of the said bank refuse to receive such letter. On 30.10.2015 the complainant sent a complaint by post to the bank.
One SMS was received by the complainant from SBI/HQ, stating that ‘complaint has been recorded as ticket No.CN820022119659 and it is seen from the website of SBI that such complaint was forwarded to the Branch for redressal of the grievance. The complainant also lodged a complaint before the Asstt. Director, Central Grievance Redressasl Cell, Kolkata on 29.7.2015. Finding no other alternatives the complainant filed this case before this Forum for relief as stated above.
The O.P. Nos. 1,2, 3 & 4 contested this case by filing written version denying inter-alia all the material allegations as alleged by the complainant. The O.ps. submit that the complainant deposited two cheques vide No.25616 amounting to Rs.2,00,000/- and vide No.25617 amounting to Rs.3,00,000/- on 24.1.2015 before the Bijpur Branch for clearance and the concerned branch has forwarded the said two cheque for clearance at the very next date and thereafter on 9.2.2015 the said two cheque bounced to the concerned branch from the clearance house with a remark Insufficient Fund which is also reflected at his Statement of Account. So, from the aforesaid statement it is crystal clear that there is no negligence on the part of the O.Ps or deficiencies on the part of the O.Ps. Thereafter the complainant on 30.01.2015 deposited another cheque bearing No.73 amounting to Rs.2,50,000/- before the Bijpur Branch for clearance and the concerned branch has forwarded the said two cheque for clearance at the very next date and thereafter on 5.2.2015 the said cheque bounced to the concerned branch from the clearance house with a remark Insufficient Fund which is also reflected at his statement of account. So, from the aforesaid statement it is crystal clear that there is no negligence on the part of the O.Ps or deficiencies on the part of the O.Ps.
This O.P. also stated that the complainant has no claim or obtain the returned cheque from the concerned branch at that time or sue the case under the Negotiable Instrument Act against the said person who has issued the cheque. So, the latches or callousness is on the part of the complainant not on the part of the O.P. After bouncing of the cheque the complainant came several times to the Bijpur ATM Centre Branch which is adjacent to the SBI, Bijpur Branch and also visited to the branch several times and update his said Saving Account pass book but at that time the complainant has not take back his bounced cheques or take any initiation to sue a criminal case against the said person who issued the said cheque.
The O.Ps. further submit that the complainant kept silent and mum for more than seven months and then issued letters to the Branch Manager, Regional Manager and the General Manager by asking them ‘the fate of the cheques and to returned the said cheque amounts with interest’. But from the aforesaid statements of the O.P.s it is clear that the complainant has issued such letters againsntthe Branch Manager, Regional Manager and the General Manager with a bad and malafide intention because from the accunt statement of the said savings account of the complainant it is clearly reflected that cheques were dishonoured and the said matter is reflected at the said complainant’s statement of account as well as the pass book from the said date on which date the cheque was returned from the clearance house with a remark of ‘Dishonoured’. It is the duty of the O.Ps to send the cheque to the clearance house for clearing which is deposited bythe complainant ast his savings bank account and the O.Ps. has done the same and thereafter the duty of the O.Ps. either to credit the cheque amount to the savings bank account against which the cheque is dropped for clearance if the said cheque successfully cleared or to impose a bouncing charge if the cheque is dishonoured and reflect that at the statement of account of the savings bank account against which the cheque is dropped for clearance and in this case the O.ps. has done the same. It is also the duty as well as responsibility of the bank if the party made an application before the bank to return the said bouncing cheque then the bank is liable to return the said cheque with a note or what reason the cheque is dishonoured. But in the aforesaid case the complainant has not made an application to return his bouncing cheque so the said bouncing cheques are not returned to the complainant. It is also to be mentioned that if the complainant made an application to return the bouncing cheque then the O.ps. are ready to return the said cheques with a note of the reasons of bouncing. Hence, the case and prayed for dismissal of the complainant with cost.
DECISION WITH REASONS
To prove the case the complainant has filed evidence on affidavit along with copies of documents. O.P. files evidence on affidavit and also files questionnaire to the complainant and complainant files the reply of the questionnaires. The complainant in his petition of complaint admits that he deposited cheques to the O.P. Bank on 24.1.2015 of Rs.2,00,000/- & Rs.3,00,000/- and on 30.1.2015 deposited Rs.2,50,000/-. The complainant also stated that he came to know that the cheque No.73 was dishonoured on 5.2.2015 and other cheques dishonoured on 9.2.2015. The complainant further stated that he visited the bank but there is no documentary evidence what he has taken steps after such dishonoure before 30.10.2015 only when he sent a complaint by registered post. There is no explanation as to why he filed complaint after 8/9 months of such dishonour of cheques. He also filed copies of the letters. The Anexure-A of the photocopies of the relevant page of his pass book goes to show the deposit of cheques. The O.P. in their written version as well as in their evidence stated the facts that they have deposited the two cheque of Rs.2,00,000/- and Rs.3,00,000/- on 24.1.2015 before the Bijpur Branch for clearance at the very next day and on 9.2.2015, the said two cheques were bounced. The documents for statement of account of the complainant proves this fact. Therefore, the O.P. is not negligent and we do not find any deficiency on their part as they forwarded the cheques on very next day. The third cheque being No.73 was also bounced which was deposited on 30.1.2015 before the Bijpur Branch for clearance on the very next day but the said cheque was dishonoured and bounced on 5.2.2018. We do not find any deficiency and negligence on the part of the O.P. in this regard also. It is a fact that the complainant did not make any application to return his bounced cheque and O.P’s plea is that without any application they did not return the bounced cheque.
The complainant submits documents Annexure-1, SBI Corporate Website Search Site, dealing with incidents of dishonour of cheaues and failed ECS, Debit etc.. The procedure is that the collecting branch on receipt of such dishonoured cheque should dispatch it immediately to the payee/holder within 24 hours of receipt of the instrument. O.P. argues that it is the duty of the complainant to make an application for return of the bouncing cheque. As the complainant did not make any application immediately after such bouncing of cheque, therefore, O.P. argues that O.P. is not negligent in any manner. It is also fact that the complainant made application for return of the said dishonour cheque after a long gap on 30.10.2015 and again on 8.12.2015 but there is nothing to explain as to why he made intimation asking for the said cheque or fate of the said cheque after more than nine months of the incident of bouncing. Therefore, we find that by not sending the said cheque immediately after the incident of bouncing the O.P. bank is deficient and negligent in service that O.P. bank did not follow the rules prescribed in dealing with incident of dishonour cheque.
The complainant ultimately filed this case on 19.1.2017 and thereafter the O.P. by registered post sent the bouncing cheque in registered post which was received by the complainant on 20.2.2017. The postal receipt goes to show that the cheques were sent through registered post with AD on 18.2.2017. Therefore, O.P. cannot take the plea that as the complainant did not make any prayer in writing for return of the cheque timely they hold the cheques unnecessarily for such a long period. This argument of O.P. is not tenable. Therefore, we find that the O.P., SBI, Bijpur Branch is negligent and deficient in service on their part in not returning the dishonoured cheques to the complainant within stipulated time. On the other hand the complainant did not take appropriate steps against the drawer of the cheaue inspite of receiving the information of bouncing of the cheque in due time from his statement of account. The documents goes to show that he also operated his ATM on several times. The complainant admitted that he received the information of bouncing of three cheques on 5.2.2015 and 9.2.2015 and there is no evidence by showing any documents to explain as to why the complainant remained in active and it is only on 30.10.2015 that he asked for return of the cheques from the O.P. bank. The reason of such delay is best known to the complainant. The O.P. argues that the complainant filed this case on 19.1.2017 before this Forum and is not maintainable as barred by limitation which is not filed within two years of the date of cause of action arisen. The complainant stated that he was ill and could not filed the case in time but there is no documents regarding his illness. There is no elaborate explanation of such delay in filing the case. He did not file any documents what initiative he has taken against the person who issued this cheques, the reason best known to the complainant. The complainant did not file any documents to prove that he has suffering from illness from 10.5.2016 to 4.8.2016 as he took plea that he could not take any action against the drawer of the cheque.
After going through the arguments of both parties and the documents filed by the complainant and also by the O.P. and upon perusal of the evidence of record this Forum finds that the bounced cheques were received by the complainant on 20.2.2016 while the incident of bouncing of cheques started from 5.2.2015 and 9.2.2015. Therefore, the O.P. is certainly deficient in service by not sending the cheques immediately to the complainant within reasonable time. So, the complainant is entitled to get compensation for such deficiency and negligence of the O.P. bank and litigation cost only in this regard. Hence, the complaint case succeeds in part. C.F. paid is correct. Hence, it is
Ordered
that the case be and the same is allowed in part on contest against the O.P. bank without any cost.
The O.P. bank is directed to pay compensation of Rs.3000/- towards mental pain, agony and harassment to the complainant.
The O.P. bank is further directed to pay Rs.2000/- as litigation cost to the complainant.
The above directions be complied with within 30 days from this date of order, failing which the complainant will be at liberty to execute this order in accordance with law.
Let the copies of this order be supplied to the parties free of cost.
Jayanti Maitra (Ray)
Dictated and corrected by me. President
D.C.D.R.F., Burdwan
Jayanti Maitra (Ray)
President
D.C.D.R.F., Burdwan
(Nivedita Ghosh) (Dr. Tapan Kr. Tripathy)
Member Member
D.C.D.R.F., Burdwan D.C.D.R.F., Burdwan
