Complainant in person
M/s. M. V. Kini & Co.
For the Opponent
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Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date – 22nd March 2013
This complaint is filed by the account holder of the Opponent Bank for deficiency in service. Brief facts are as follows-
[1] The complainant is senior citizen having account with the Opponent Bank. He had opened joint saving account alongwith his wife Shaila Arvind Kulkarni. She died on 18/6/2010. Complainant has submitted her death certificate to the Opponent and also requested for deleting her name from the joint account. He has further submitted ATM card and cheque-book and made query as to whether there is any change in the account number, ATM card and use of cheque-book. Accordingly the complainant has followed the instruction and used the said facilities. Complainant had opened D-MAT account and as per the advertisement he was intending to purchase shares of Coal India. He had issued cheque of Rs.98,000/- as price of 400 equity shares. The company has declared that each individual who had applied for 400 equity shares is entitled to receive 199 equity shares. However the complainant found that the cheque which was issued was dishonoured and the Bank has debited Rs.165/- as charges for return of cheque. Complainant had sustained loss of Rs.20,000/- due to dishonour of cheque. Hence he has filed this complaint. He has claimed Rs.20,000/- towards compensation for financial loss. He has claimed Rs.50,000/- by way of compensation for agony and costs of the complaint to the tune of Rs.500/-.
[2] The Opponent has resisted the claim by filing the written version and denied the contents of the complaint. According to the Opponent the complainant has opened joint saving account alongwith his wife Shaila Arvind Kulkarni. After the death of Shaila Arvind Kulkarni on furnishing death certificate by the complainant, her name was deleted from the joint account and cheque-book was cancelled as per the policy of the Bank. As the complainant has used the said cheque-book the Bank was not liable to honour those cheques. The fact as regards sustaining loss of Rs.20,000/- due to dishonour of cheque is flatly denied. According to the opponent it has deposited the service charges which were debited in the account of the complainant. As there is no deficiency in service the Bank has prayed for dismissal of the complaint.
[3] Considering the pleadings of both parties and documentary evidence which is produced on record as well as hearing the argument of both counsel following points arise for my determination. The points, findings and the reasons thereon are as follows-
Sr.No. | POINTS | FINDINGS |
1 | Whether the complainant has proved that there is deficiency in service on the part of the opponent Bank ? | Partly proved |
2 | What order ? | Complaint is partly allowed |
REASONS-
Undisputed facts in the present proceeding are that the complainant has opened joint saving account alongwith his wife in the opponent Bank. His wife expired. He had filed application for deleting her name. He has also produced her death extract. It is the case of the complainant that the opponent had allowed him to use ATM card and cheque book after deleting the name of his wife. But according to the opponent the complainant was directed not to use the cheque-book after the death of his wife. In order to resolve this controversy the documents which are produced on record should be scanned minutely. It reveals from the documents which were produced on behalf of the opponent, that the Bank has obtained written application as regards deleting the name of the wife of the complainant. According to the opponent there is endorsement that “Both the cheque books have been destroyed physically kindly process.” According to the complainant this endorsement has been made by the Bank subsequently in order to support their contention in the written version. If in reality the cheque-book had been destroyed physically there was no question of issuance of cheque by the complainant in the name of Coal India Company for purchasing the shares. In such circumstances the story put-forth by the opponent appears to be incorrect as it is not in dispute that the complainant had issued cheque and that was dishonoured by the opponent. This fact itself is sufficient to held that the complainant was allowed to use old cheque book by the opponent. It is further significant to note that there is no documentary evidence to show that the Bank has informed the complainant in writing not to use old cheque book. It is the boundant duty of the opponent to inform this thing and collect the old cheque book if there is policy to destroy the cheque book in case of death of the joint account holder. As it is not in dispute that the cheque was dishonoured wrongly and eventhough there were sufficient funds, the cheque was dishonoured. Moreover as per the terms and conditions the complainant and his wife had opened joint saving account which is termed as can be used by either or survivor. That means both parties were entitled to use that account. On that count also the opponent is guilty for dishnouring the cheque issued by the complainant.
It is the case of the complainant that he had sustained loss of Rs.20,000/- in the share transaction due to dishnour of cheque. That transaction itself is a commercial transaction. Hence complainant is not entitled to get any relief for loss in commercial transaction. However he is entitled to get compensation on the ground of deficiency in service and for physical and mental torture as well as for the costs of litigation. In my opinion Rs.5000/- is awarded by way of compensation on the ground of deficiency in service in addition to Rs.10,000/- for mental agony, physical strain and costs of litigation that would meet the ends of justice. I answer points accordingly and pass the following order –
:- ORDER :-
1. The complaint is partly allowed.
2. It is hereby declared that the opponent has caused deficiency in service.
3. Opponent is directed to pay Rs.15,000/- to the complainant towards compensation for deficiency in service, compensation for mental agony and physical strain and costs of litigation within six weeks from the date of passing of Order. If the amount is not paid within stipulated period that shall carry interest @ 9% p.a. from the date of filing of complaint till its realization.
Copy of order be supplied to both the parties free of cost.
Place-Pune
Date- 22/03/2013
