BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 01 of 2017
Date of Institution : 02.01.2017
Date of Decision : 15.11.2017
Ravi Kumar aged about 46 years, son of Shri Tarsem Chand, resident of 8-E-Block, Sirsa, Tehsil and District Sirsa.
……Complainant/Applicant.
Versus.
- H.D.F.C.Bank Ltd., HDFC, Bank House, Senapati Bapat Marg, Lower Parel (West) Mumbai-400013,
- Ravi Kumar Branch Manager, HDFC Bank Ltd., Janta Bhawan Road, Sirsa, Tehsil and District Sirsa.
- Rakesh Kumar Sama son of Shri Karam Chand Sama, Near Sankat Mochan Lab, Gali Punjab National Bank, Barnala Road, Sirsa, wali, Sirsa, Tehsil and District Sirsa.
- Puneet Kumar Clerk, HDFC Bank Ltd., Janta Bhawan Road, Sirsa, Tehsil and District Sirsa.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI R.L. AHUJA…… PRESIDENT
SMT. RAJNI GOYAT…… MEMBER.
SHRI MOHINDER PAUL RATHEE……MEMBER.
Present: Sh.Saurabh Mehta, Advocate for the complainant.
Sh. Rishi Sharma, Advocate for the opposite parties.
ORDER
In brief, the case of complainant is that the complainant is having his account bearing No.1413193000033 with op no.1 and 2 in its Branch at Janta Bhawan Road, Sirsa, Tehsil and District Sirsa, Hence the complainant is a consumer of the ops no.1 and 2. The complainant has advanced a sum of Rs.3 lacs to op no.3 on 10.02.2014 as loan. The said loan amount was repayable by op no.3 to the complainant on his demand alongwith interest @ 2% per month from the date of advance till its realization. The op no.3 to discharge his aforesaid liability in part towards the complainant has issued a cheque bearing no.113717 dated 08.09.2016 out of his account with HDFC Bank Ltd., Janta Bhawan Road, Sirsa and handed over the same to the complainant. At the same time he assured the complainant that he will get the amount cheque certainly on its presentation to his banker, since there is sufficient arrangement of funds in his account. Upon the assurance of the respondent no.3 the complainant deposited the aforesaid cheque in his account bearing No. 1413193000033 with HDFC Bank Ltd., Janta Bhawan Road, Sirsa on 06.10.2016 which was received by Puneet Kumar Clerk of op no.1 and 2, who after receipt the cheque has issued one receipt in this regard to the complainant. The complainant giving rounds to the branch of op no.1 and 2 for the collection of proceeds of the cheque, but the op no.2 has been putting off the matter with the one pretext or the other. On 05.12.2016 the op no.2 handed over a letter to the complainant that the cheque deposited by him with op no.2 has misplaced and further directed the complainant to arrange for new cheque from op no.3. Thereafter the complainant enquired the matter and came to know that the account of op no.3 has already been closed prior to the issuance of this cheque and he has intentionally and malafidly issued this cheque and further came to know that op no.2 and 3 are close friends, and op no.2 and 4 inconvenience with op no.3 has either destroyed the cheque or has handed over the same to op no.3 to cheat and defeat the right of recovery as well as to deprived the complainant to file complaint under Section 138 of Negotiable Instrument Act against op no.3 and has make an excuse that the cheque deposited by the complainant has misplaced in transit. The complainant has not only been deprived to file complaint under Section 138 of Negotiable Instrument Act before the appropriate Court and also deprived from the cheque in question amount of Rs. 3 lacs for which cheque was issued by opl no.3. the complainant approached and requested the ops to admit his claim and to pay him the abovesaid amount of cheque but all in vain and ops have been putting off the matter with one pretext of the other and ultimately they have refuse to admit the claim of the complainant. the act and conduct of the ops comes under the ambit of deficiency in service as well as unfair trade practice, due to which the complainant is suffering, recurring financial loses till today and also suffering serious harassment, humiliation, much mental tension, worries, fatifue, disappointment and dismay. Therefore, the complainant is entitled to get compensation from the ops on these counts jointly and severally. It is therefore, requested that the complaint may kindly be accepted and allowed with costs. Hence, this complaint.
2. On notice, opposite parties appeared and filed written statement in which they have taken preliminary objections regarding no cause of action, maintainability, locus standi, concealed and suppressed the true and material facts, not come with clean hands, estoppels, mis-joinder of necessary parties. It is further admitted by the ops that op no.2 had not personal role in the banking transaction made by the complainant with the op no.1 bank and as such, the answering op has unnecessarily impleaded the op no.2. On merit, it is further submitted that the complainant is having his bank account No. 1413193000033 with op no.1. The complaint as regards deposit of cheque no.113717 dated 08.09.2016 with answering op no.1 for crediting the amount in account no. 1413193000033 is matter of record. It is further admitted that the cheque no. 113717 dated 08.09.2016 for Rs.3,00,000/- was deposited with op no.1 branch office of the bank for collection in account no.1413193000033 of complainant. however, the cheque in question was not credited/unpaid. However, when the complainant approached the Branch on 16.10.2016, the matter was investigated the details and found that the same was misplaced by the concerned staff Mr. Puneet Garg in the branch premises, who acknowledged the same for processing. The Branch asked the concerned staff immediately after the complaint of non-receipt of payment of cheque or returned cheque. Besides it, an assurance was also given to the complainant that the bank would assist him in case he approaches the drawer of the cheque for issuance of a duplicate cheque so lost in transit/branch. It is false and baseless that op no.2 and 3 are close friends and that op no.2 and 4 in collusion with each other have destroyed the cheque in question. The complainant has levelled false and baseless allegations against the answering op no.2. the complainant was given the details when he personally visited the branch and even the legal notice got served by the complainant through his counsel was replied by the bank vide reply dated 16.12.2016 and thus, all the aspect of the case were made clear to him. There is not deficiency in service on the part of the answering ops towards the complainant. The complainant is not entitled to any compensation as claimed by him and the complaint of the complainant may kindly be dismissed with costs.
3. The parties have led evidence in the form of affidavits and documents. The complainant has tendered Ex.C1- his own supporting affidavit; Ex.C2 copy of letter dated 16.12.2016; Ex.C3 copy of legal notice dated 30.11.2016, Ex C4 and Ex.C5 postal receipts, copy of acknowledgment dated 08.09.2016. On the other hand OPs tendered Ex.R1-affidavit of Sh. Ravi Kakar, Branch Manager HDFC Bank Ltd, Ex.R2 photocopy of reply dated 16.12.2016 to legal notice, Ex.R3 copy of letter addressed to Mr. Ravi Kumar.
4. We have heard Ld. counsel for the parties and perused the record carefully.
5. The Ld. counsel for the complainant has stated that there is no dispute about the opening of saving account No. 1413193000033 by Ravi Kumar, the complainant with op no.1 bank and this fact has been admitted by op no.1. There is also no dispute that Puneet Kumar Clerk is an employee of HDFC Bank Ltd, Janta Bhawan Road, Sirsa, Tehsil and District Sirsa. Further, there is also no dispute between the parties about deposit of cheque no.113717 dated 08.09.2016 for Rs.300000/- in favour of Ravi Kumar for collection with the op no.1,2 and 4. It has been admitted on the record that the said cheque for Rs. 3,00000/- was received by Puneet Kumar an official of the bank on 08.09.2016 for collection. It has been further been averred that credit of the said cheque was not given to the complainant despite the assurance of ops. It has been further averred that he has been visiting the branch of op no.1,2 and 4 for the collection proceeds of the cheque but they have been putting of the matter with one pretext or the other. On making a complaint to the higher authorities of the ops through email, he was handed over a letter dated 05.12.2016 by the op no.2 stating therein that the cheque deposited by him with op no.2 was misplaced and directed the complainant to arrange for new cheque from op no.3. The complainant further enquired and came to know that op no.3 has already closed his saving account on which the cheque was drawn. It has been further averred that he has been deprived of his right to recover the amount by filing complaint under Section 138 of Negotiable Instrument Act against op no.3 as the cheque under reference has either been destroyed or handed over the same by ops no. 1,2 and 4 to the op no.3 in connivance with each other. Thus, causing a loss of Rs.3,00000/-. As informed to the complainant by the bank, the cheque in question was misplaced by the concerned staff Mr. Puneet Garg in the branch premises who has acknowledged the same for processing. In this way, the complainant has been caused great harassment, humiliation in addition to financial losses and bank has resorted to unfair trade practice. The complainant has tendered affidavit and documents Ex.C1 to Ex.C5 and acknowledgment of cheque in support of his claim.
On the other hand, the counsel for the op no.1 and 2 stated at bar that there is no dispute about the opening of saving account by the complainant and depositing of cheque no.113717 for Rs.3,00000/- for collection with the ops. It has also been argued that the allegation of the complainant that op no.2 and 3 are closed friends and op no.2 and 4 in collusion with each other have destroyed the cheque in question are wrong. The complainant has levelled false and baseless allegations against the answering op no.,2. It has been stated at bar that there is no deficiency in service by the ops and in support of their claim tendered evidence by way of Ex.R1 to Ex.R3.
The record reveals that account no. 1413193000033 was opened by the complainant with op no.2 and one cheque no.113717 dated 08.09.2016 of Rs.3,00000/- in favour of Ravi Kumar was deposited with HDFC bank, BO Janta Bhawan Road Sirsa on 08.09.2016. This cheque was received by Mr. Puneet an official of the Bank and ops have admitted these facts. Further the ops have admitted the cheque under reference was lost in the premises of the bank and credit of the same was not afforded to the complainant. The record further reveals that the bank failed to take proper precautions and measures for the safety of property of an account holder who handed over the same to his banker for further necessary action. It has also been proved on record that the bank did not take the suitable action against the staff concerned who was negligent and careless in dealing with the said cheque. Instead of protecting the interest of the consumer, the bank delayed the matter and suggested to approach to op no.3 Mr. Rakesh Kumar Sama, the drawer of the cheque for issuance of another cheque in lieu of the lost cheque knowingfully that the op no.3 has already closed his account on which the cheque no.113717 for Rs.3,00000/- was drawn. There remains no doubt that the complainant lost the opportunity to recover Rs. 3,00,000/- from op no.3, the drawer of the cheque by knocking the door of legal channels. Thus there is deficiency in service on the part of the bank.
In view of the above discussion and evidence available on the file, we are of the considered opinion that there is deficiency on the part of the op no.1, 2 and 4 and bank failed miserably to watch the interest of the complainant and caused financial losses to the tune of Rs. 3,00,000/- to him. Hence op no.1 and 2 are directed to make good the losses caused to the complainant. Op no.1 and 2 are directed to pay a sum of Rs.3,00000/- to the complainant in lieu of the amount of the cheque No.113717 dated 08.09.2016, alongwith 4% rate of interest from the date of lodgment of the cheque with the ops within 30 days from receipt of the copy of this order, failing which bank will be liable to pay higher rate of interest @ 9% w.e.f the date of this judgment in addition to the already accrued interest up to 14.11.2017. The op no.1 and 2 are further directed to pay a sum of Rs.25000/- to the complainant as a composite compensation and litigation charges on account of harassment, humiliation, mental tension etc. within said period of 30 days. However, the bank is entitled to recover these amounts from the concerned officials who have been negligent and careless in handling the cheque in question and or the account holder who issued the cheque in question. The parties are further left to bear their own legal expenses. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.
Announced in open Forum. President,
Dated:15.11.2017. Member Member District Consumer Disputes
Redressal Forum, Sirsa.
