BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 15 of 2012

            Dr. Shovan Dattagupta,

            S/o Lt. J.K Dattagupta,

            Maulavi Road, Ambicapatty, Silchar …………………………..              Complainant. 

                                                                        -V/S-

            The Chief Manager,

            State Bank of India, New Silchar Branch

            Hailakandi Road, P.O. & P.S- Silchar,Cachar ………………..                Opp. Party

Present: -                                Sri Bishnu Debnath,                                                   President,

District Consumer Forum,

                                                Cachar, Silchar.  

                                                            Sri Kamal Kumar Sarda,                                Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.   

         Appeared: -                  Sri Ratnangkoor Bhattacharjee, Advocate for the Complainant.

                                                Sri Sibdas Dutta, Advocate for the O.P.

                         Date of Evidence……………….     14-12-2012, 13-07-2017

                         Date of written argument………    01-08-2015, 08-09-2017, 10-10-2017

                         Date of oral argument…………     24-04-2018, 11-05-2018

                         Date of judgment………………… 04-06-2018

JUDGMENT AND ORDER

                  Sri Bishnu Debnath

1. This case has been brought by Dr. Shovan Dattagupta (Complainant) against the Chief Manager,SBI, New Silchar Branch (referred as O.P) for award of compensation for disservice. The complainant has been filed under the provision of Consumer protection Act 1986.

2. Brief facts:- The complainant has a SB Account No. 30353228953 with cheque facility in the bank of the O.P. On 12-03-2012 the complainant issued a cheque No. 878519 for Rs.11,000/- in favour of Axis Bank, Silchar for opening a SB A/C in that bank. The Axis Bank accordingly presented the cheque on 13-03-2012 through clearing hours but the said cheque was dishonoured by the O.P on the plea of insufficient fund. On being surprised the complainant obtained bank statement of his SB A/C No. 30353228953 on 13-03-2013 and found Rs. 44,947/- was balance on his account on 12-03-2012. He also up dated his passbook and noticed that the O.P not only dishonoured his cheque but also debited Rs.100/- as cheque return charge.

3. Hence the complainant felt aggrieved and as such brought the instant complaint.

4. The O.P submitted W/S. In the W/S took a defence plea that the said dishonoured cheque was presented on 13-03-2012 at 12-30 P.M and at that time clear balance in the account of the complainant was Rs.9,947/- only, which was less than the amount of dishonoured cheque.

5. The O.P further stated that there were 2 (two) un-cleared cheque in the name of the complainant were available on 12-03-2012 but as per cheque returned schedule of clearing hours both cheque amount of total Rs. 35,000/- would be credited to the bank account of the complainant from 2-30 P.M on 12-03-2013 to 4-00 P.M on 13-03-2012. Hence, the complainant account was available for withdrawal of Rs.11,000/-after 4-00 P.M on 13-03-2012. With the above rule and reasoning, the O.P dishonoured the cheque of RS.11,000/- because the said cheque was presented at 12-30 P.M on 13-032012 within the 1st clearing hours and as per the Rule O.P had to finish the inward clearing process and report returns within 2-30 P.M on 13-03-2012. Hence at that time O.P found actual balance available in the account was less than the amount mentioned in the cheque.

6. During hearing, the complainant submitted his deposition supporting affidavit and also exhibited his passbook and bank statement of SB A/C No.30353228953. The complainant also exhibited the dishonoured cheque and cheque return memo. The O.P submitted deposition of Sri Arindam Nath (the Chief Manager) as DW-1 and exhibited relevant document including speed clearing rules. The O.P also submitted deposition of Sri Driti Ballav Dey the present Chief Manager as DW-2 and exhibited some documents.

7. After closing evidence both sides’ counsels submitted their written argument. I have perused the evidence on record, written argument and also heard both sides’ counsels.

8. In this case in view of evidence on record the dishonoured cheque vide Ext-1 presented by Axis Bank on 13-03-2012 through clearing hours before the O.P for withdrawal of Rs.11,000/-. But the O.P took plea that at the time of presenting for clearing within 12-30 P.M on 13-03-2012 there was less balance in the account of the complainant. The O.P also tried to justify as why at 12-30 P.M on 13-03-2012 finished the 1^st inward clearing process. Of course the O.P admitted that there were 2 (two) cheques of total Rs.35,000/- remain unclear in favour of the complainants account on 12-03-2012 and were cleared in between 2-30 P.M on 12-03-2013 to till 4-00 P.M on 13-03-2012. That is why O.P stated that the complainant account was allowed to withdraw Rs.11,000/- after 4-00 P.M on 13-03-2012. To make the plea forceful the DW-1 and DW-2 submitted speed clearing Rule vide Ext-C and Uniform Regulations and Rule for Bankers’ clearing Hours.

9. I have gone through the Regulation and Rules and opined that the plea taken by the O.P therein above is based on Regulation and Rule of clearing hours. But it is a fact that bank statement and up dated passbook of A/C No. 30353228953 referred a different picture. As per those statements vide Ext-3 and Ext-4 the complainant’s account has cleared balance of Rs. 44,947/- as on 12-03-2012 and cheque return charge of RS.100/- debited on 13-03-2012. If that is the real fact, then why on 13-03-2012 the cheque for Rs.11,000/- was dishonoured. Whether balance was shown in the bank statement with back date? Whether cheque for Rs.15,000/- and cheque for Rs.20,000/- vide Ext-A and Ext-B credited on 13-03-2012 after 2-30 P.M and then with back date entry on 12-03-2012 balance was entered in to the account of the complainant.

10. After meticulously gone through the Rules and Regulation supplied by the O.P I do not find such system of entry of the balance to the account. The evidence of the O.P also does not give any indicatation about as why the balance amount of Rs.44,947/- has been shown in the statement of account as on 12-03-2012.

11. That is why, in that perflaxion, I have tilted toward the complainant to say that the O.P committed disservice for dishonoured the cheque vide Ext-1 on 13-03-2012 for the plea of insufficient fund where as on 12-03-2012 there was cleared balance in the account was more than the amount mentioned in the dishonoured cheque. Thus, the O.P is asked to refund the amount of Rs.100/- deducted on 13-03-2012 from the balance amount of Rs.44,947/- as return cheque charge and also liable to pay lump sum amount of compensation of Rs.5,000/- as mental agony of the complainant. The O.P is also liable to pay cost of the proceeding of Rs.3,000/-.

12. The above awarded total amount of Rs.8,100/-(Rupees Eight thousand One Hundred) only to be paid within 45 days from today. In default, interest @ 10% P.A. to be added to the aforesaid awarded amount till realization.

13. It is to be mentioned here that the complainant prayed for compensation of very high amount of Rs.2,00,000/-. To get the above amount of compensation he brought the fact regarding his family status and his mental agony. Said facts are relevant for compensation on defamation. In the instant case no iota of evidence available in the record that people around him behaved to consider it as lowering his social status to the society. Rather the Ext-4 makes it clear that on 14-03-2012 his cheque No. 878520 for Rs.11,000/- issued in favour of Axis Bank has been honoured by the O.P. That is why a lamp sum amount of compensation is awarded by applying my prudent mind.

14. With the above, this case is disposed of on contest. Supply free certified copy of judgment to the parties. Given under my hand and seal of the District Forum on this the 4^th day of June,2018.