DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC No. 341 of 28.11.2007<br /> Decided on : 28-01-2008 <br /> <br /> Harminder Singh S/o Sh. Surjeet Singh R/o H. No. 27954, Lal Singh Basti, Bathinda.<br /> ... Complainant<br /> Versus<br /> <br /> 1.Head Post Master/Superintendent Head Post Office, Bathinda.<br /> 2.Sub Post Master, Post Office Nai Basti, Bathinda.<br /> 3.Official Concerned, Sub Post Office, Nai Baasti, Bathinda.<br /> <br /> ...Opposite parties<br /> <br /> Complaint under Section 12 of the Consumer Protection<br /> Act, 1986.<br /> <br /> QUORUM :<br /> Sh. Lakhbir Singh, President<br /> Sh. Hira Lal Kumar, Member<br /> Dr. Phulinder Preet, Member<br /> <br /> For the Complainant : Sh. Baljinder Singh Sidhu, Advocate.<br /> For the Opposite parties : Sh. M.R. Gupta, Advocate.<br /> <br /> O R D E R<br /> <br /> LAKHBIR SINGH, PRESIDENT<br /> 1. Complainant has his Saving A/c No. 81658 in the Post Office, Nai Basti, Bathinda. Pass Book and Cheque Book containing cheques bearing No. 066441 to 066460 have been issued to him. He has obtained loan from Ashok Leyland/IndusInd Bank, Near New Bus Stand, Opposite HDFC Bank. In order to pay the installment of loan, cheque No. 066488 dated 21.8.07 for Rs. 980/- was issued by him out of his A/c No. 81658 with opposite party No. 2. It was presented by the bank for encashment with the opposite parties. It was returned as dishonoued alongwith cheque returning memo dated Nil with the remarks “Insufficient funds”. On account of these remarks, Ashok Leyland Finance Limited/IndusInd Bank Limited imposed penalty of Rs. 300/- upon him. Intimation was received by the complainant from the bank regarding dishonouring of the cheque and imposition of penalty to the tune of Rs. 300/-. Thereafter he deposited the cheque amount alongwith penalty i.e. Rs. 1280/- with this bank on 15.9.07. Allegation of the complainant is that there was sufficient balance in his account to meet the amount of the cheque in question. It could not be dishonoured on the date of its presentation for encashment. He was having outstanding amount of Rs. 1628/- in his account with the opposite parties whereas the cheque was only for Rs. 980/-. Cheque was dishonoured without any sufficient cause and reason. He has to pay the penalty amount. Legal notice was served upon the opposite parties calling upon them to compensate him, but to no effect. He alleges that act and conduct of the opposite parties has caused him great mental tension, agony, botheration, loss of reputation and financial loss. Hence, there is deficiency in service on their part. Accordingly, this complaint has been preferred under Section 12 of the Consumer Protection Act, 1986 (Here-in-after referred to as `Act') seeking direction from this Forum to the opposite parties to pay him Rs. 10,000/- as compensation on account of mental tension, agony, botheration and harassment; Rs. 3300/- as cost of the complaint and Rs. 300/- paid as penalty.<br /> 2. Opposite parties filed their version taking legal objections that complaint is not maintainable in the present form; intricate questions of law and facts are involved and as such, complaint be relegated to the civil court; complaint is false and frivolous; complainant has concealed material facts from this Forum; he has not come with clean hands and he is estopped from filing the complaint by his act and conduct. On merits, they admit that complainant has his Saving Account No. 81658. Cheque was inadvertently dishonoured with the remarks “Insufficient funds”. They deny that legal notice was received by them. Other averments in the complaint are not admitted.<br /> 3. In support of his averments contained in the complaint, complainant has produced in evidence his affidavit (Ex. C-1), photocopy of cheque dated 21.8.07 (Ex. C-2), photocopy of cheque return memo (Ex. C-3), photocopy of receipt (Ex. C-4), photocopy of one page of Pass Book (Ex. C-5), photocopies of postal receipts (Ex. C-6 & Ex. C-7), photocopy of legal notice (Ex. C-8) and photocopy of letter dated 5.11.07 (Ex. C-9).<br /> 4. In rebuttal, on behalf of the opposite parties affidavit of Sh. D S Jammu, Superintendent, Post Offices (Ex. R-1) has been tendered in evidence.<br /> 5. We have heard learned counsel for the parties. Besides this, we have gone through the record.<br /> 6. Some of the facts are not in dispute in this case. They are that complainant has Saving Account No. 81658 with Post Office in Nai Basti, Bathinda. Cheque Book containing Cheques No. 066441 to 066460 was issued to him. Cheque No. 066448 was issued by him in favour of Ashok Leyland Finance Limited/IndusInd Bank Limited for Rs. 980/- payable out of the amount lying in his A/c No. 81658. Cheque was dishonoured with the remarks “Insufficient Funds”.<br /> 7. Mr. Sidhu, learned counsel for the complainant argued that cheque of Rs. 980/- was dishonoured by the opposite parties although complainant had outstanding balance of Rs. 1628/- in his A/c No. 81658 as is evident from the copy Ex. C-5 of the Pass Book issued by the opposite parties. Due to this, complainant has to pay Rs. 300/- as penalty alongwith amount of the installment.<br /> 8. Mr. Gupta, learned counsel for the opposite parties argued that mistake in dishonouring the cheque is inadvertent and as such, there is no deficiency in service on the part of the opposite parties.<br /> 9. We have considered the respective arguments.<br /> 10. Complainant in his affidavit Ex. C-1 has reiterated his version in the complaint. Ex. C-2 is the copy of the cheque dated 21.8.07 for Rs. 980/- which was issued by the complainant in favour of Ashok Leyland Finance. This amount was payable out of the amount lying in his Saving Account No. 81658 with the opposite parties. Cheque was dishonoured vide memo, copy of which is Ex. C-3 with the remarks “Insufficient Funds”. As per copy of the Pass Book a sum of Rs. 1628/- was outstanding in the account of the complainant with the opposite parties. Despite this, cheque was dishonoured. Opposite parties cannot wriggle out of the situation by saying that dishonour of cheque was inadvertent/un-intentional. Intention is to be inferred from the surrounding facts and circumstances. When amount of Rs. 1628/- was outstanding as balance in the account of the complainant in the Post Office, the dishonouring of the cheque for insufficient funds is certainly intentional. Public servants are supposed to act carefully and diligently. Serious lapse in this case on the part of the opposite parties goes much beyond the purview of inadvertence. Fact that opposite parties sent letter dated 5.11.07, copy of which is Ex. C-7 intimating that cheque was inadvertently dishonoured, cannot absolve them from their liability. Affidavit Ex. R-1 of Sh. D.S. Jammu on this aspect of the matter carries no weight. Concerned officials of opposite parties could visualise that remarks of 'Insufficient funds' given on the cheque return memo could cause great mental agony and botheration to the complainant. Accordingly, we hold that deficiency in service on the part of the opposite parties is established.<br /> 11. Now question arises as to which relief should be accorded to the complainant. Due to deficiency in service on the part of the opposite parties, complainant has to pay Rs. 300/- as penalty to the bank as is clear from Ex. C-4. Apart from this, he must have undergone mental tension, agony, harassment, botheration and financial loss. For all this, complainant deserves some compensation which we assess as Rs. 1,000/-. Accordingly, direction deserves to be given to the opposite parties to pay this amount.<br /> 12. In the result, complaint is allowed against the opposite parties with cost of Rs. 1,000/-. Opposite parties are directed to do as under :<br /> i) Pay Rs. 1,000/- to the complainant as compensation under Section 14(1)(d) of the Act.<br /> Compliance of this order be made within 30 days from the date of receipt of its copy failing which the amount of compensation would carry interest @9% P.A. from the date of deposit till payment.<br /> Copy of this order be sent to the parties concerned free of cost and file be consigned to the record room. <br /> Pronounced :<br /> 28-01-2008 <br /> (Lakhbir Singh )<br /> President<br /> <br /> <br /> (Hira Lal Kumar)<br /> Member<br /> <br /> (Dr. Phulinder Preet)<br /> Member