Delhi

East Delhi

CC/1084/2013

SHASHI RANJAN - Complainant(s)

Versus

CORPORATION BANK - Opp.Party(s)

17 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 1084/13

 

Shri Shashi Ranjan

R/o C-206, Sector-25

Rohini, Delhi – 110 092                                                                ….Complainant

 

Vs.

 

1. Corporation Bank

Through its Branch Manager

Preet Vihar Branch

Delhi – 110 092

 

2. State Bank of India

Main Branch Bhabua

Through its Branch Manager

Near Ekta Chowk, Bhabua Bihar                                                               ….Opponents

 

Date of Institution: 27.01.2014

Judgment Reserved on: 17.01.2017

Judgment Passed on: 19.01.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

 

JUDGEMENT

The present complaint has been filed by Shri Shashi Ranjan against Corporation Bank (OP-1) and State Bank of India (OP-2), praying for directions to OP-1 and OP-2 to pay interest @ 12% p.m. on the cheque amount from 30.09.2013 to 08.11.2013, compensation of Rs. 75,000/- for mental and physical pain, Rs. 15,000/- as expenses to visit OP-2 and payment of litigation expenses.

2.        Facts in brief are that the complainant had deposited cheque bearing no. 080426 dated 30.09.2013 for an amount of Rs. 2,50,000/- in his account no. 050783 with OP-1.  The said cheque was drawn on OP-2.  The complainant was informed by OP-1 that it would take 14 to 15 days time for the cheque to be cleared.  Even after lapse of 15 days, the account of the complainant was not credited with the abovementioned amount for which the complainant personally visited OP-1.  Despite several reminders, OP-1 failed to address the grievance of the complainant, thus, the complainant was constrained to visit OP-2 personally.  On personal inquiry, the complainant was informed by officials of OP-2 that the said cheque had been received by them on 08.10.2013 and after deduction of expenses on account of commission for demand draft and postal expenses the DD was prepared on 09.10.2013 for Rs. 2,49,650/-, but same was not dispatched till 01.11.2013.  The complainant collected the said demand draft by hand and deposited the same with OP-1, which got encashed on 08.11.2013.  It is further averred that the complainant had to take loan at higher interest to make payment of the flat, which he had purchased in the month of August 2013.  Pay in slip dated 30.09.2013, forwarding schedule from OP-1 to OP-2 dated 30.09.2013 and demand draft issued by OP-2 dated 09.10.2013 are annexed with the complaint.  

            Notice of the complaint was served upon OPs.  However, OP-2 neither appeared nor filed any written statement, thus they were proceeded ex-parte on 15.07.2014. 

3.        Written statement was filed by OP-1, where it was stated that there was no deficiency in service on their part as it was OP-2, who had not sent the amount.  Rest of the contents of the complaint were denied.

4.        Rejoinder to the WS of OP-1 was filed by the complainant where the contents of the corresponding WS were denied and that of the complainant were reaffirmed. 

5.        Complainant examined himself and deposed on oath the contents of the complaint.  Reliance was placed on documents annexed with the complaint - deposit receipt as Annex. A, demand draft as Annex. B and forwarding letter as Annex. C.

            OP-1 also filed affidavit of Shri Heroor Hanumanth Rao,                 Sr. Manager, who reiterated the contents of the written statement on oath.

6.        We have heard the Ld. Counsels for the complainant and OP-1.  Perusal of the material placed on record reveals that OP-1 had forwarded the cheque to OP-2 on the same day when it was presented by the complainant.  Thus, no deficiency in service can be attributed on the part of OP-1, the collecting bank.  The complainant has placed on record the judgement of Hon’ble National Commission i.e. Atul Nanda & Anr. Vs. Reserve Bank of India & Ors. CC No. 82/2006, where it was reiterated that on the basis of various policies framed by the Banks and the RBI directions, it was directed that the maximum period for collection of outstation cheques.

(a) For the local cheques credit and debit shall be given on the same day or at the most on the next day.

(b) The maximum period for collection of outstation cheques shall be 7/10/14 days.  And, if there is any delay in collection of the said cheques beyond the period of 7/10/14 days, interest at the fixed deposit rate, or at a specified rate as per the respective policy of the banks, is to be paid to the payee of the cheques.

(c) The salient features of the policy with regard to the collection period of outstation cheques and interest payable thereon in case of delay shall be published on the notice board in a precise manner in bold/visible letters at conspicuous place in every branch.

All the banks are, therefore, directed to comply with the same within a period of two weeks, if they have not complied with the aforesaid RBI directions uptil now.

It is OP-2, where the cheque was not cleared within specified time limit of 14 days.  Hence, OP-2 is guilty of deficiency in services.  We hereby direct OP-2 to pay interest @ 9% p.a. from the date of presentation of cheque i.e. 30.09.2013 to 08.11.2013, as the complainant has not placed on record any proof to substantiate/support his claim regarding the travelling expenses and the loan he had to take at higher interest we deem fit, a compensation of Rs. 10,000/- for mental agony and harassment and Rs. 3,500/- as cost of litigation.    

            Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

     

      (SUKHDEV SINGH)

             President