DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC.No.186 of 10.08.2009<br /> Decided on: 13.11.2009<br /> <br /> Kuldeep Singla son of Sh. Chiman Lal Singla, 405-A, Kamla Nehru Colony, Bathinda.<br /> ……..Complainant.<br /> Versus<br /> <br /> 1. ICICI Bank Ltd., through its Chairman person, ICICI Bank Towers C-15, G-Block, Bandra Kurta Complex Bandra (E) Mumbai.<br /> 2. ICICI Bank Ltd., Bathinda, through its Manager, ICICI Bank, Bibi Wala Road, Bathinda.<br /> ………Opposite parties.<br /> <br /> Complaint under Section12 of the Consumer Protection Act, 1986.<br /> <br /> Present:<br /> For the Complainant : Sh. Vimal Singla, counsel for the complainant <br /> alongwith complainant in person.<br /> For the Opposite parties : Sh. Sanjay Goyal, counsel for opposite parties.<br /> <br /> QUORUM<br /> <br /> Sh. George, President.<br /> Dr. Phulinder Preet, Member.<br /> Sh. Amarjeet Paul, Member.<br /> <br /> ORDER<br /> <br /> GEORGER, PRESIDENT:-<br /> <br /> 1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (Here-in-after referred to as ‘Act’) with the allegations against opposite parties that he has maintaining his Saving Bank Account No. 016301531319 with opposite parties since 2004. On 05.08.2009, he issued a cheque No. 681438 for Rs. 5,875/- to The Citi Finacial Consumer Finance India Ltd., towards his loan installment, and he deposited the amount with opposite parties, and had sufficient amount to honour the said cheque amount. On the said date, opposite parties illegally dishonoured the said cheque, due to the reason (In sufficient funds), and illegally debited Rs. 386/- as dishonouring charges from his Saving Bank Account. Due to dishonouring his cheque, M/s. The Citi Financial Consumer Finance India Ltd., charged Rs. 750/- as dishonouring charges, as late payment charges without any fault on his part. Due to the dishonouring of the cheque his image was tarnished as a defaulter in payment of installment to his financer. He made repeated requested to opposite parties to credit Rs. 386/-, which were illegally debited from his Saving Bank Account, and also pay him Rs. 750/-, which he had to pay on account of dishonouring of his cheque to M/s. Citi Financial Consumer Finance India Ltd. He has also claimed an amount of Rs. 90,000/- as compensation for unnecessary harassment, loss of reputation, mental tension and inconvenience alongwith cost of litigation expenses to the tune of Rs. 2,000/-.<br /> 2. Opposite parties contested the allegations raising objections that complaint is not maintainable; complaint is filed on false facts; complainant has no locus-standi, or cause of action. The complainant has concealed the material facts, as the cash amount of Rs. 6,500/-, was deposited by the complainant on 05.08.2009 at 10:58:47 seconds, and this amount was credited in his Saving Bank Account at 10:58:55 seconds, and the cheque No.681438 dt. 05.08.2009 was presented for clearance before 9:58 A.M., and as such, at the time of presentation of cheque, there was insufficient balance in the Account of complainant, and as such, the cheque was rightly dishonoured, but the complainant, for the reasons best known to him, has concealed this fact from the Hon’ble Forum, and even cheque return charges, were also charged, but lateron the complainant made request for waiver of charges, and as such, as a gesture of goodwill, the charges were waived of, and now the complainant with intention to harass and humiliate the opposite parties by suppressing through the facts, has filed the present false complaint.<br /> 3. On merits also, while denying all the allegations of the complainant, opposite parties have pleaded the same facts as has been pleaded in the legal objections as referred to above.<br /> 4. Complainant in order to prove the allegations, filed his own affidavit dt. 23.10.2009 Ex.C-1, and also brought on record, copies of account statement as on 01.04.09 to 05.08.09 Ex.C-1 to Ex.C-2; copy of email dt. 08.08.09 Ex.C-4, and copy of e-mail dt. 13.08.09 Ex.C-5.<br /> 5. To controvert the evidence of the complainant, opposite parties filed affidavit of Sh. Amit Ahuja, Branch Manager, ICICI Bank Ltd., Bathinda, dt. 08.10.09 Ex.R-1, and also brought on record, copy of transaction inquiry dt. 05.08.09 Ex.R-2, and copy of summary of statement Ex.R-3.<br /> 6. We have heard the learned counsel for both the parties, and perused the entire record of the case carefully.<br /> 7. It appears from the documents Ex.R-2 and Ex.R-3 that opposite parties received an amount of Rs. 6,500/- by cash in the account of the complainant on 05.08.2009, and the same was credited in his account at 10:58:55 seconds A.M., where as Ex.R-3 reveals that the cheque dt. 05.08.2009, for Rs. 5,875/- was dishonoured due to insufficient balance at 9:58 A.M. This time is given at the end of the summary, and not against the columns showing rejections of the cheque, due to insufficient Account Balance. <br /> 8. It is an admitted fact that complainant is having his Saving Bank Account with opposite parties since 2004. It is a general practice for all the Nationalize Banks, and when any cheque is received for clearance, the Clearing Bank always take precaution and afford sufficient time i.e. atleast by 11 A.M., so as to prevent any illegal dishonouring of any cheque of a genuine party. In bouncing/dishonouring of a cheque due to insufficient account balance not only invite civil liability, but also may involves an innocent payee for prosecution under Section 138 of The Negotiable instruments Act, 1881. The dishonouring of the cheque in the early hours without waiting, or affording sufficient time to the complainant, to make sufficient account balance to meet the requirements of the cheque in his account, it self amounts to deficiency in service.<br /> 9. It appears that when the complainant lodged a complaint with opposite parties, regarding wrong dishonouring of his cheque, opposite parties instead of admitting the mistake tried to justify the illegal act by writing letter dt. 05.08.2009 Ex.C-4 to the complainant, wherein opposite parties have asserted that “Please note that for the clearance of cheque\ECS opening day balance is considered. As per our records, opening day balance as on August 05, 2009 is Rs. 827. But the cheque 681438 has been presented for an amount of Rs. 5,875 which has been rejected for the reason ‘Insufficient funds’. Hence, the charges of Rs. 350 and 10.3% Service Tax is applicable. We will be unable to service your request for the reversal of the charges.” The complainant thereafter, filed the present complaint on 10.08.2009, and thereafter, immediately on 13.08.2009, opposite parties in reference to e-mail of the complainant sent him letter on 13.08.2009 Ex.C-5, wherein the charges, which were deducted from the Saving Bank Account of the complainant, due to dishonouring of the cheque were credited in the account of the complainant. The record reveals that the complainant deposited the funds in his account on the day for which, he issued a cheque, and on the day, he had sufficient funds in his account to pay the cheque amount. Opposite parties apparently made the dishonour entries in the early hours of the day of saving accounts with no other motive, but earning dishonouring charges Rs. 386/- as the account statement of the complainant Ex.C-1 reveals that a cash Rs. 6,500/- credited in the account of the complainant, first and thereafter, an amount of Rs. 386/- were debited, due to dishonouring of the cheque from his account. Meaning thereby, that dishonouring of the cheque was resorted to despite the fact, that the complainant had sufficient balance amount before his cheque of Rs. 5,875/- was dishonoured. If the cheque of the complainant would have been dishonoured as per the entries in Ex.R-3, the Account Statement Ex.C-1 would have shown debit of Rs. 386/- from the account of the complainant before credit of Rs. 6,500/-.<br /> 9. It appears, that opposite parties have resorted to unfair trade practice by claiming that for clearance of cheque\ECS opening day balance is considered, laying down such the conditions, itself amounts to “deficiency in service” as well as “unfair trade practice”.<br /> 10. We accordingly, direct opposite parties to pay an amount of Rs. 750/-, which the complainant had to pay, due to dishonouring of his cheque to M/s. The Citi Finacial Consumer Finance India Ltd., alongwith interest @ 9% from 05.08.2009 till the amount is credited in the account of the complainant. The manner in which, the complainant has suffered unnecessary harassment, mental tension, agony and inconvenience, and he has been brought to disrepute by dishonouring his cheque before M/s. The Citi Finacial Consumer Finance India Ltd. and others. The complainant is, definitely, entitled for an adequate amount of compensation, which we assess in the facts and circumstances of the case at Rs. 10,000/- alongwith cost of litigation expenses to the tune of Rs. 2,000/-.<br /> 11. The compliance of this order be made within 45 days from the date receipt of copy of this order.<br /> 12. The copy of this order be sent to the parties concerned free of cost and file be indexed and consigned.<br /> <br /> Pronounced (GEORGE)<br /> 13.11.2009 PRESIDENT<br /> <br /> <br /> (DR. PHULINDER PREET)<br /> MEMBER<br /> <br /> <br /> (AMARJEET PAUL)<br /> MEMBER<br /> <br />