Haryana

Jind

161

Ajay Kumar - Complainant(s)

Versus

HDFC Bank - Opp.Party(s)

Sh. R.P. Sharma

16 Dec 2014

ORDER

BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JIND.

                                           Complaint No. 161 of 2013

   Date of Institution: 24.7.2013

   Date of final order: 27.1.2015

Ajay Kumar s/o Sh. Chander Parkash r/o village Jalalpur Khurd, Tehsil and District Jind (Haryana).                                                                  

                                                                 ….Complainant.

                                       Versus

1. H.D.F.C. Bank, Jind near Rani Talab, Jind through its Branch Manager, Jind.
2. Trackon Couriers Pvt. Ltd.#24, Super Market old court road, Jind.

                                                                 …..Opposite parties.

                          Complaint under section 12 of

 

Before:      Sh. Hari Singh Khokhar, President.

                Smt. Bimla Sheokand, Member.

               

Present:     Sh. R.P. Sharma, Adv. for  complainant.

                Sh. V.S. Lather, Adv. for  opposite Party No.1.

                Opposite party No.2 already ex-party.

            

ORDER:

          The brief facts in the complaint are that complaint is having  bank account No. 06801000053569 with the opposite party No.1. It is stated that on 18.4.2013 he had  deposited one cheque No.325264 dated 16.4.2013 amounting to Rs.20,000/- for clearance   in his above said account number with opposite party No.1  drawn from account No. 0231002100103115 in the name of Jitender Sahu  from Punjab National Bank. As per knowledge of complainant the above said

                             Ajay Kumar Vs. HDFC Bank etc.

                                                …2…

cheque was returned unpaid and thus it was duty of opposite party No.1 to return the unpaid cheque to complainant along with the report with regard to the status of the cheque.  The cheque was sent on 27.4.2013 through courier of opposite party No.2 but the said packet containing the said cheque was lost/misplaced in transaction.  The complainant visited the office of opposite party No.1 many times and requested  either credit the amount of Rs.20,000/- in complainant’s account or return the unpaid cheque but the opposite party No.1 did not pay any heed on the request of the complainant. The complainant served a legal notice dated 14.6.2013 through his counsel Sh. R.P. Sharma Adv. upon the opposite party No.1 but all in vain.  Deficiency in service on the part of the opposite parties is alleged. It is prayed that the complaint be accepted and opposite parties be directed to credit the money of Rs.20,000/- into the account of complainant and to pay  a sum of Rs.50,000/-  as compensation on account of mental pain and agony to the complainant.

2.      Upon notice, the opposite party No.1 has  put in appearance and filed written statement stating in the preliminary objections that the  complainant has no cause of action and locus-standi to file the present complaint and the complaint is false and frivolous. On merits, it is contended that  the cheque was returned with the reasons insufficient funds.  The above said cheque was sent to the complainant on 27.4.2013 against POD No.3651 at his address through courier of opposite party No.2. But as per version/explanation of opposite party No.2 the packet containing the said cheque was lost/misplaced in transaction. The answering opposite party verified from Punjab National Bank, Jind about the payment of the cheque, Punjab National Bank, Jind informed that no payment has been done against the above said cheque. All the other allegations have been denied by the  answering opposite

                             Ajay Kumar Vs. HDFC Bank etc.

                                                …3…

party. Therefore, there is no deficiency in service on the part of the  answering opposite party. Dismissal of complaint with cost of Rs.20,000/- is prayed for.

3.       Opposite party No.2 was proceeded against ex-party vide order of this Forum dated 20.3.2014.

4.       In evidence, the complainant has produced his own affidavits Ex. C-1 and C-8,  copy of cheque  Ex. C-2, copy of document Ex. C-3, copy of  pass book Ex. C-4, copy of legal notice dated 7.6.2013 Ex. C-5, copy of postal receipt Ex. C-6 and  copy of document Ex. C-7  and closed the evidence.  On the other hand, the opposite parties have produced the affidavit of Sh.  Ankit Jain, Branch Manager Ex. OP-1, copy of letter dated 11.7.2013 Ex. OP-2 and OP-3, copy of inward/outward register Ex. OP-4 and copy of letter Ex. OP-5 and closed the evidence.

5.       We have heard the arguments of Ld. Counsel of both the parties and also perused the record placed on file. The complainant is having an account No. 06801000053569 with branch of opposite party No.1. On dated 16.4.2013 the complainant deposited a cheque No.325264 amounting to Rs.20,000/- for clearance in the opposite parties branch in his above mentioned account, drawn from account of one Jitender Sahu from Punjab National Bank. The said cheque was returned on 27.7.2013 against POD No.3651 through opposite party No.2 but the complainant did not receive the said cheque. The complainant visited branch office of opposite party No.1 many times and requested them either credit the amount of Rs.20,000/- in the account or return the unpaid cheque but the opposite party No.1 did not pay any heed on the request of the complainant. Now it came in knowledge of complainant that above said cheque was sent to the complainant on 27.4.2013 against POD No.3651 at his address through courier of opposite party

                             Ajay Kumar Vs. HDFC Bank etc.

                                                …4…

No.2 but the said packet was lost/misplaced in transaction. The complainant served a legal notice upon the opposite party No.1 but all in vain.  Deficiency in service on the part of opposite parties is alleged.

6.         On the other hand, the opposite party No.1 has averred that above said cheque was returned with the reason insufficient funds and cheque No.325264 was sent to the complainant on 27.4.2013 against POD No.3651 at his address through Trackon courier private Ltd. but as per version of the Trackon courier private Ltd., the packet containing the said cheque was lost/misplaced in transaction. The answering opposite party verified from Punjab National Bank, Jind about the payment of the cheque and Punjab National Bank, Jind informed that no payment has been done against the said cheque. There is no fault of the answering opposite party in losing the cheque and it is the opposite party No.2 who is responsible  for the loss of the said cheque.

7.         After going through the facts and circumstances of the case, we are of the considered view that opposite parties are responsible for the lost of cheque. Therefore, deficiency in service is established on the part of  opposite parties. The complaint of the complainant is allowed and opposite party No.1 is directed to pay compensation of Rs.5,000/- along with Rs.3100/- as litigation charges to the complainant. This order be complied within one month after receiving the certified copy of this order. The opposite party No.1 is at liberty to recover the above said amount from the opposite party No.2. Parties will bear their own costs. Copies of order be supplied to the parties under the rule. File be consigned to the record-room.

Announced on: 27.1.2015

 

                                                                     President,

          Member                      District Consumer Disputes                                                                            Redressal Forum, Jind