Tamil Nadu

North Chennai

CC/12/2015

S.Padmanaban, S/o.K.R.Sivagnanam Mudaliar, - Complainant(s)

Versus

General Manager, B.S.N.L Chennai Telephones, - Opp.Party(s)

K.Harikrishnan

04 Jul 2016

ORDER

                                                           Complaint presented on  :  09.01.2015

                                                                Order pronounced on  : 04.07.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

MONDAY THE 04^th  DAY OF JULY 2016

 

C.C.NO.12/2015

 

S.Padmanaban,

S/o K.R.Sivagnanam Mudaliar,

No.5/17 Kappal Polu Street,

Chennai 600 021.

 

                                                                                    ..... Complainant

..Vs..

	1.General Manager, B.S.N.L.Chennai Telephones, No.6th Floor, Flower Bazar, N.S.C.Bose Road, Chennai 600 001.   2.Deputy General Manager (O & M), B.S.N.L.Chennai Telephones, Kalmandapam Telephone Exchange, G.A.Road, Chennai 600 021.   3.Junior Telecom Officer, Kalmandapam Telephone Exchange, G.A.Road, Chennai 600 021.   4.Accounts Officer (TR) NE, B.S.N.L. Chennai Telephones, No.1 N.S.C.Bose Road 2nd Floor, Chennai 600 001.
	...Opposite Parties

Date of complaint                                 :13.01.2015 

Counsel for Complainant                      : K.Harikrishnan

Counsel for   opposite parties                 : K.Balajee & D.Kumar

 

         

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.SC., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1. THE COMPLAINT IN BRIEF:

          The Complainant is the subscriber of the Land Line No.25980162 at his residence and he has surrendered the same on 16.12.2013 with duly filled application along with the instruments and the directory copy to the 2^nd Opposite Party. The said surrender application was sent to the 3^rd Opposite Party and he issued acknowledged slip and the 4^th Opposite Party issued cheque for a sum of Rs.1,095/- to the Complainant towards the refund of the deposit amount. The Complainant presented the said cheque in his account at Canara Bank, Washermenpet branch.  The said cheque was returned with an endorsement that “Payment stopped by the drawer” by a memo dated 30.08.2013. For return of said cheque a sum of Rs.150/- debited from the Complainant account by his bankers. The Complainant informed the return of the cheque to the Opposite Parties on the same day and on the same day an another cheque was issued to the Complainant and the said cheque was honoured in his favour. Due to return of the said cheque by stopping payment by the Opposite Parties, he sustained a loss of Rs.150/- towards return of cheque charges. The Complainant issued legal notice to the Opposite Parties and thereafter the 4^th Opposite Party issued another cheque for an amount of Rs.150/- dated 31.10.2014 and that was also claimed by the Complainant. Due to the above deficiencies committed by the Opposite Parties the Complainant suffered with mental agony and hence he has filed the   Complaint for claiming compensation with costs of the Complaint.

2.WRITTEN VERSION OF THE OPPOSITE PARTIES IS IN BRIEF:

          The Telephones connection of the Complainant bearing No.25980162 was closed on 18.12.2013. At the request of the Complainant to refund the deposit amount a cheque bearing No.229878 for a sum of Rs.1095/- was handed over to him in person when he came to the Opposite Party’s office on 27.08.2014.However an acknowledgement for receipt of the said cheque was not obtained from him due to pressure of work. At  the end of that day, the Accounts Officer, Cash & Accounts NE noticed that the cheque bearing No.229878 was missing. Immediately he contacted the accounts officer (TR) Kalmandapam, to get a contact number of the customer to enquire about the cheque. Accounts Officer, cash & Account NE contacted the telephone number (the Complainant’s son’s number) given by the Accounts Officer TR.Kalmandapam and enquired whether the cheque was received by them or not. The Complainant’s son informed the said officer that the said cheque was not received by the Complainant. With good intention and in order to avoid misuse of the said cheque, the Accounts Officer, Cash & Accounts NE immediately contacted the bank and issued stop payment advice to the bank. In the meantime the cheque issued to the Complainant in person was deposited by the Complainant in his bank and it was dishonoured as per Accounts Officer Cash & Accounts NE’s stop payment advice for which a sum of Rs.150/- was claimed as bank charges by the Complainant’s bank for dishonor of the cheque from the Complainant. On receipt of the message regarding the dishonour of the cheque, the Accounts Officer contacted the Complainant over phone and issued another cheque bearing No.229921 dated 30.08.2014 for the said sum to the Complainant. The Accounts Officer Cash & Accounts NE, the said officer immediately issued another cheque for Rs.150/- to the Complainant towards bank charges, with good intention, as and when the Complainant informed about the bank charges. The Opposite Parties have not committed any Deficiency in Service and the Complaint is liable to be dismissed with costs.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what relief?

4. POINT NO :1

          The Complainant was having land line connection bearing No.25980162 at his residence and he surrendered the same on 16.12.2013 with Ex.A1 application to the 2^nd Opposite Party and the Opposite Parties issued Ex.A3 acknowledgement for receipt of Ex.A1 application.  Deposit amount of Rs.1095/- was refunded to the Complainant under Ex.A5 cheque and the said cheque was returned with the endorsement of “payment stopped by the drawer” under Ex.A2 return memo. For such return of cheque a sum of Rs.150/- was also debited in the Complainant account as evidenced in Ex.A8. Immediately after return of cheque, the 4^th Opposite Party issued another cheque on the same day to the Complainant and that was encashed by the Complainant. The Opposite Parties after getting knowledge from the Ex.A9 notice, the 4^th Opposite Party refunded the cheque charges of Rs.150/- under Ex.A14 cheque with Ex.A15 covering letter and that amount was also encashed by the Complainant.

          5. The pleading in the written version that the Complainant had not issued acknowledgment to the Opposite Parties, while accepting the cheque for a sum of Rs.1095/- was not denied by the Complainant in his proof affidavit. When the above fact was not denied in the proof affidavit of the Complainant, proves that the Complainant had not issued any acknowledgement to the Opposite Parties while accepting the said cheque. Therefore, in the circumstances of the case the explanation of the Opposite Parties that in view of the fact that the acknowledgement was not available, the accounts officer concluded that the cheque in dispute was missing is accepted. Further the Complainant’s son also informed the Accounts Officer that the cheque was not received by the Complainant. Since Opposite Parties were unable to trace the cheque bearing No.229878 issued to the Complainant, they bonafidely stopped payment is also accepted.  Consequently the cheque was returned on 30.08.2014 under Ex.A6.

          6. After realizing the mistake, this Opposite Parties have sent another cheque for a sum of Rs.1095/- to the Complainant under Ex.A7 letter, that was honoured in favour of Complainant. The action of Opposite Parties issuing another cheque to the Complainant on the same day or the return of the 1^st  cheque (Ex.A5) only leads to a conclusion that the Opposite Parties have stopped payment only on bonafide intention.

          7. The Complainant’s bank debited a sum of Rs.150/- from the Complainant’s account on 30.08.2014 for return of Ex.A5 cheque and thereby the Complainant suffered loss of Rs.150/- and hence the Opposite Parties have committed Deficiency in Service. The facts of deduction of cheque return charges of Rs.150/- intimated to Opposite Parties through Ex.A9 legal notice dated 03.10.2014. The said notice was delivered to Opposite Parties on 09.10.2014.  Immediately, within the same month, a cheque for a sum of Rs.150/- dated 31.10.2014 (Ex.A14) as demanded in the legal notice was sent to the Complainant under Ex.A15 covering letter and also accepted by the Complainant and the said amount was also realized by him. Therefore,  it is held that the Opposite Parties have refunded the deposit amount of Rs.1095/- and cheque return charges of Rs.150/- to the Complainant before filing the Complaint in  this Forum and therefore we hold that the Opposite Parties 1 to 4 have not committed Deficiency in Service.               

8. POINT NO:2

Since the Opposite Parties have not committed any Deficiency in Service, the Complainant is not entitled for any relief in this Complaint and the Complaint is liable to be dismissed without cost.

In the result the Complaint is dismissed. No costs.     

Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 04^th day of July 2016.

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 16.12.2013                   Complainant’s Land Line Surrender Application

Ex.A2 dated 16.12.2013                   Sworn Affidavit for original bill lost by

                                                Complainant

Ex.A3 dated 16.12.2013                   Acknowledgement slip

Ex.A4 dated 16.12.2014                   Acknowledgement slip forwarded to 4^th Opposite

                                                Party

Ex.A5 dated 23.08.2014                   Refund cheque by 4^th Opposite Party to

                                               Complainant

Ex.A6 dated 30.08.2014                   Cheque Return Memo

Ex.A7 dated 30.08.2014                   Second cheque No.229921 Covering letter         

Ex.A8 dated 30.08.2014                   Complainant bank statement from 06.08.2013 to

                                                20.08.2013

Ex.A9 dated 03.10.2014                   Legal Notice by Complainant to Opposite Parties

Ex.A10 dated 09.10.2014                 Acknowledgement by Opposite Party 4 to

                                               Complainant

Ex.A11 dated 09.10.2014                 Acknowledgement by Opposite Party 3

                                               Complainant

Ex.A12 dated 09.10.2014                 Acknowledgement by Opposite Party 2

                                                Complainant

Ex.A13 dated 09.10.2014       Acknowledgement by Opposite Party 1

                                                Complainant

Ex.A14 dated 31.10.2014                 Cheque for bank charges by Opposite Party 4

                                                Complainant

Ex.A15 dated  31.10.2014      Covering letter for bank charges by Opposite Party

                                                4 Complainant

Ex.A16 dated 25.11.2014                 Postal cover for bank charges by Opposite Party 4

                                                Complainant

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES :

                                       ….. NIL ……

 

 

MEMBER – II                                                               PRESIDENT