DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

BATHINDA

C.C. No. 545 of 11-12-2013

Decided on 20-02-2014

Amandeep Singh Sethi, aged about 30 years S/o Late Sh. Karanvir Singh, R/o H. No. 17665, Backside DAV College, Khaddar Bhandar Wali Gali, Bibi Wala Road, Bathinda.

…...Complainant

Versus

ICICI Bank Ltd., Bibi Wala Road, Opposite Clock Tower, Bathinda, through its Branch Manager

ICICI Bank Ltd., ICICI Phone Banking Centre, ICICI Bank Tower, 7th Floor, Survey No. 115/27, Plot No. 12, Nanakramguda, Serilingampally, Hyderabad 500032 through its CEO/Managing Director

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt. Vikramjit Kaur Soni, President

Smt.Sukhwinder Kaur, Member

Sh. Jarnail Singh, Member

For the Complainant : Sh. A.S. Mahnikhera, counsel for the complainant.

For the opposite parties : Sh. Ashu Bansal, counsel for the opposite parties.

O R D E R

VIKRAMJIT KAUR SONI, PRESIDENT

The instant complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 as amended upto date (here-in-after referred to as an 'Act'). Briefly stated the case of the complainant is that he is having bank account bearing No. 016301560753 with the opposite parties. On 12-11-2013, there was a balance of Rs. 2,11,002.14 in the said account of the complainant. The complainant issued one cheque bearing No. 938057 dated 12-11-2013 for Rs. 2,10,000/- out of his above said account to one Mr. Balkaran. The said Balkaran presented the cheque in the account of the complainant, but the same was dishonoured by the opposite parties despite the fact that there was sufficient balance in the account of the complainant. Mr. Balkaran contacted the complainant and informed him that the said cheque has been dishonoured by the opposite parties due to insufficient funds. The complainant requested Mr. Balkaran to present the said cheque again for encashment and accordingly, he presented the cheque again in the account of the complainant and this time i.e. on 20-11-2013, the cheque was honoured by the opposite parties. The complainant approached the opposite party No. 1 and obtained statement of account for the period 1-11-2013 to 28-11-2013 whereby an amount of Rs. 393.26 has been shown to be charged with regard to dishonour of the said cheque. The complainant alleged that the opposite parties illegally and inspite of having sufficient fund in his account, charged Rs. 393.26 from him on account of dishonour of cheque. The complainant asked the officials of opposite party No. 1 as to why they have charged Rs. 393.26 from him on account of dishonour of cheque amounting to Rs. 2,10,000/- on 12-11-2013 as there was sufficient balance in the account of the complainant on 12-11-2013, then they felt mistake and assured the complainant that the said amount shall be credited in the account of the complainant shortly, but till today no such amount has been credited in the account of the complainant. The complainant further alleged that he approached the opposite party No. 1 time and again and requested them to credit the amount of Rs. 393.26 in the account of complainant which has been illegally debited by them in his account, but the opposite parties have been postponing the matter on one pretext other other. Hence, the complainant has filed the present complaint seeking directions to the opposite parties to credit the amount of Rs. 393.26 in his account and pay interest on the said amount alongwith compensation and cost.

The opposite parties filed their joint written statement and pleaded that the complainant has concealed the material fact from this Forum. In fact the complainant had issued two cheques bearing No. 938056 of Rs. 1,50,000/- and cheque No. 938057 of Rs. 2,10,000/- and both the cheques were dated 12-11-2013 and opening balance of complainants' account as on 12-11-2013 was Rs. 1,38,002.14. The complainant himself issued the cheque knowing fully well that opening balance of his account as on 12-11-2013 was less than Rs. 2,10,000/-. The opposite parties have pleaded that as per banking procedure all the cheques are cleared as per baking norms meaning thereby that first clearing house is conducted before 1.00 p.m. during which cheque No. 938057 was presented and in accordance with proper procedure, the cheque was dishonoured due to insufficiency of funds and deposit entries took during second clearing house which is conducted after 1 p.m. and during afternoon, when these cheques came for clearance, during that time, he was given credit of the amount. Moreover, on the same date, another cheque of Rs. 1,50,000/-bearing No. 938056 also came for clearance which was duly cleared because that cheque came for clearance after 1 p.m. The opposite parties have further pleaded that the complainant himself was at fault because he could have very easily issued stop payment instructions to the opposite parties. The complainant was told that cheque has been rightly dishonoured as when cheque of Rs. 2,10,000/- came for clearance at that time, his account was not having sufficient balance. The charges of Rs. 393.26 were rightly debited in the account of the complainant. The opposite parties have further pleaded that the complainant is in habit of issuing cheques without maintaining sufficient balance and previously also five cheques of complainant have been dishonoured due to insufficiency of balance.

Parties have led their evidence in support of their respective pleadings.

Arguments heard. Record alongwith written submissions submitted by the parties perused.

In the case in hand, the allegation of the complainant is that the opposite parties have illegally debited Rs. 393.26 on account of dishonour of cheque dated 12-11-2013 for Rs. 2,10,000/- in the account of the complainant whereas he was having a balance of Rs. 2,11,002.14 in his account on that day.

On the other hand, the submission of the opposite parties is that on 12-11-2013 the complainant had issued two cheques bearing No. 938056 of Rs. 1,50,000/- and cheque No. 938057 of Rs. 2,10,000/- and both the cheques were dated 12-11-2013 and opening balance of complainants' account as on 12-11-2013 was Rs. 1,38,002.14 but he himself issued the cheque knowing fully well that opening balance of his account as on 12-11-2013 was less than Rs. 2,10,000/-.

The complainant has himself placed on file his account statement Ex. C-3. A perusal of this document reveals that there is entry of two cheques on 12-11-2013 i.e. cheque No. 938056 and 938057. Cheque No. 938056 was for Rs. 1,50,000/- and an amount of Rs. 393.26 has been debited against cheque No. 938057. Ex. OP-1/2 is the detailed statement of account of the complainant placed on file by the opposite parties. This document shows that on 12-11-2011, the complainant was having closing balance of Rs. 1,38,002.14 in his account. Entries of deposits by transfer to the tune of Rs. 76,000/-, Rs. 51,000/- Rs, 61,000/- and Rs. 35,000/- have been shown on the same day. The pleading of the opposite parties that at the time of first clearing before 1 p.m. cheque No. 938057 was presented and since at that time, there was closing balance of Rs. 1,38,002.14 in the account of the complainant, cheque No. 938057 for Rs. 2,10,000/- was dishonoured. Moreover, a perusal of this document reveals that earlier on 5-11-2011 two entries to the tune of Rs. 449.44 each and on 12-11-2013 an amount of Rs. 1179.78 debited in the account of the complainant on account of cheque returning charges. Hence, the pleading of the opposite parties that the complainant is in habit of issuing cheques without maintaining sufficient balance seems to be correct as on 12-11-2013 also, the complainant tried to maintain the balance but the cheques were presented by the parties to whom they were issued for encashment in the first clearing house i.e. before 1.00 p.m. and deposit entry took place during second clearing house i.e. after 1.00 p.m. Thus, there is no deficiency in service on the part of the opposite parties in charging the aforesaid amount on account of dishonour of cheque due to insufficient balance.

In view of what has been discussed above, this complaint fails and is hereby dismissed with no order as to costs.

A copy of this order be sent to the parties concerned, free of costs and the file be consigned to the record.

Pronounced in open Forum

20-02-2014

(Vikramjit Kaur Soni)

President

(Sukhwinder Kaur)

Member

(Jarnail Singh )

Member