| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM CACHAR :: SILCHAR Con. Case No.47 of 2012 Sri Gora Syam, ……………………………………………………. Complainant. -V/S- 1. UCO Bank, Represented by General Manager, Head Office, 10 & 12 Bilplobi Troilakhya Maharaj Sarani, Kolkata – 700001 O.P No.1. 2. Branch Manager, United Commercial Bank, Taki Road Branch, Kalikapur, Barasat. Dist. 24 Paragonas North O.P.No.2. 3. Branch Manager, United Commercial Bank, Silchar Branch, Nazir Patty, Dist. Cachar O.P.No.3. 4. The Manager, Axis Bank Ltd. Silchar Branch, Shyam Prasad Road. O.P.No.4. Present: - Sri Bishnu Debnath, President, District Consumer Forum, Cachar, Silchar. Mrs. Chandana Purkayastha, Member, District Consumer Forum, Cachar, Silchar. Shri Kamal Kumar Sarda, Member, District Consumer Forum, Cachar, Silchar. Appeared :- Sri Suddhasatta Choudhury, Advocate for the complainant. Sri Debasish Som, Advocate for the O.P. No.1. Sri. Ratnangkoor Bhattacherjee, Advocate for the O.P.No.4. None for O.P.No.2 and 3. Date of Evidence……………………….. 06-03-2013, 31-07-2013 Date of written argument……………… 14-08-2015, 06-05-2017 Date of argument………………………. 10-07-2017 Date of judgment………………………. 04-08-2017 JUDGMENT AND ORDER Sri Bishnu Dednath, - This case is brought by the Complainant Sri. Gora Syam against UCO Bank and against Axis Bank, Silchar Branch for disservice for dishonouring his cheque No. 147633 dated 26/03/2010 for Rs.2,500 and cheque No. 147634 dated 27/03/2010 for Rs.8,000/- respectively. The Complaint brought U/S 12 of the Consumer Protection Act with a prayer for compensation of Rs.25,000/- and cost of the proceeding.
- The brief fact:- The Complainant is joint account holder with his daughter Nilanjana Syam in connection with A/C No. 21070100033060 of UCO Bank Barasat Branch, West Bengal on 26/03/2010. He presented 1(one) self cheque No. 147633 of that account UCO Bank Silchar. But the UCO Bank Silchar branch dishonoured the cheque without assigning any satisfactory reply. Hence, on the following day issue another cheque No.147634 for Rs.8,000/- in the name of his above daughter and presented to Axis Bank, Silchar branch for collection, but the said cheque also dishonoured and return with memo of UCO Bank Silchar branch that cheque out of range. However, he issued 3rd cheque of same account subsequently and presented to UCO Bank, Rongpur Branch which has been honoured. Hence, he served a demand notice to O.Ps on 19/09/2011 but no fruitful result.
- Accordingly, notice issued to O.Ps. The O.P.No.1, 2 and 3 submitted written statement jointly. In their W/S stated inter alia that the cheque aforesaid could not be honoured as because the concern cheques book was not entered in the system of core banking at the date of presenting but subsequently inform into the system. The O.P.No.4 in its W/S stated inter alia that it had forwarded the cheque of Rs.8,000/- for collection only to the UCO Bank, Silchar Branch but UCO Bank, Silchar Branch refused the cheque and returned it with memo which have been handed over to the Complainant. For which the O.P.No.4 caused no disservice.
- During hearing the Complainant submitted deposition supporting affidavit and also exhibited dishonor cheque, bank memo etc. The Complainant also exhibited demand notice dated 19/09/2011. The O.P.No.1 to 3 also examined Sri. Bhanu Goswami, the Sr. Manager of UCO Bank, Silchar Branch as DW and exhibited concern page of cheque return register vide Ext. A. The O.P No.4 also examined Sri Sudip Chakraborty, the branch head of Axis Bank, Silchar as DW-2.
- The Ld. Advocate of the Complainant and the Ld. Advocate of the O.P UCO Bank submitted written argument. Perused the evidence on record and the content of written argument.
- At the outset of this judgment it is required to decide the issue as whether the case is barred by limitation. As per provision of Consumer Protection Act U/S 24A, the Complaint must be lodged within 2 (two) years from the date of cause of action. In the instant case alleged fact of dishonor of cheque was occurred on 26/03/2010 and on 27/03/2010 and the Complainant lodged demand notice on 19/09/2013. Thus the limitation began atleast from the date on 19/09/2013 for 2 (two) years. Of course the Complainant exhibited the copy of demand notice dated 19/09/2011 and obtained a report from the Sr. Post Master, Silchar HPO dated 09/02/2012 that the demand notice aforesaid has been delivered to the addressee on 23/09/2011. Therefore, the limitation begun in the instant case on the date of refusal of the demand. The date of actual refusal is not available in the evidence on record. So, it is concluded that the date of refusal must not be a date prior to the date of receiving the demand notice on 23/09/2011. Hence, the case law cited by the Ld. Advocate of the O.P vide Sunflag Iron & Steel Company Vs New India Assurance Co. Ltd. and other 2017(1) CPR 420 (N.C) cannot favour the plea of limitation raised by the O.Ps.
- It is admitted fact that the Complainant presented cheque No. 147633 dated 26/03/2010 and cheque No. 147634 dated 27/07/2010 for Rs.2,500 and Rs.8,000/- respectively to the UCO Bank, Silchar branch and Axis Bank, Silchar branch for payment but dishonour on the ground that cheque out of range due to non-entering the cheque book in the system.
- Who committed wrong for non-entering the Cheque Book to the system of core banking? Is it the Complainant? It is a fact that the Cheque Book from which cheque issued were handed over to the Complainant by his banker at Barasat in connection with his joint SB A/C No. 21070100033060 but the reason is unknown to this Forum as why on the date of handing over it to the Complainant not entered into the system of core banking. As the O.P UCO Bank authority did not explain the reasoning, so, it is presumed that due to its authorized officer’s negligency the cheque book handed over to the Complainant was not entered into the system of core banking. Of course, in the W/S the O.P UCO Bank stated that the cheque book was entered into the system of core banking after dishonor of both the cheque, which means that the fact stated by the Complainant that on subsequent date his 3rd cheque for Rs.5,000/- present to UCO Bank Rongpur Branch, Silchar has been honoured is believable. So, it is again presumed that the 3rd cheque for Rs.5,000/- was honoured because at the relevant time and date the cheque book from which the 3rd cheque was issued entered into the system of core banking.
- Therefore, in our considered view due to negligence of official of the O.Ps NO. 1 to 3 the cheque book was not entered in to system of core banking and in consequence the cheque issued 26/03/2010 and cheque issued on 27/03/2010 were dishonoured.
- So, the O.P.No. 1, 2 & 3 are jointly and severally liable for disservice to the Complainant. They are to pay compensation of Rs.8,000/- (Rupees Eight thousand) only for disservice and Rs.1,000/- (Rupees one thousand) only for cost of proceeding. The above amount has been determined as keeping in mind that all the aspect are considered to be justified and fair amount. Therefore, the O.P.No.1 to 3 are directed to pay the said awarded amount of Rs.9,000/-(Rupees Nine thousand) only within 45 days from today. In default, interest to be paid at the rate of 10% per annum on the awarded amount till realization of the full. Supply free certified copy of this judgment to the parties.
Given under the hand of the President and Members of this District Forum and seal of the Office of the District Forum on this the 4th day of August, 2017. | |
