Date of Filing: 06-04-2017

Date of Order: 29-01-2020

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD

                                                       P r e s e n t­                                                                                     

   HON’BLE  Sri  P.VIJENDER, B.Sc. L.L.B., PRESIDENT

HON’BLE Sri  K.RAM MOHAN, B.Sc. M.A L.L.B   MEMBER

HON’BLE Smt. CH. LAKSHMI PRASANNA, B.Sc. LLM. (PGD (ADR),  MEMBER   

ON THIS THE TUESDAY   THE  29^th      DAY OF JANUARY, 2020

C.C.No.154/2017

Between

Mrs. Geeta Choubey,

R/o. H.No.. 15-7-249/1,

Muslim Jung Pool,

Begum Bazar,

Hyderabad – 500 012.                                            ……Complainant

And            

Manager,

Indian Overseas Bank,

Door No.22-7-269 to 274,

Salarjung Marg,

Pathargatti,

Hyderabad – 500 002.                                         …….Opposite party  

Counsel for the complainant      :  Mr.Dharmendra Prasad,

Counsel for the opposite Party   :    Absent

                                   O R D E R

(By.  Smt. CH. Lakshmi Prasanna,B.Sc. LLM (PGD ( ADR)., Member on behalf of  

                                                   Bench)

1. The complaint is preferred under Sec.12 of The Consumer Protection Act, 1986 alleging deficiency of service on the part of the Opposite Party for wrongfully dishonouring the Cheque No.393620 dt.3/1/2017 on the grounds of "insufficient funds" in her Savings bank Account No.070401000017754, when in fact, there are sufficient funds in her account as on that date. In pursuance of a legal notice dt.9/2/2017, the present complaint is filed seeking compensation of Rs.1,00,000/- and costs of litigation from the Opposite party for causing mental agony, hardship and loss of reputation.
2. The brief facts of the case are:-

The complainant, being an account holder with the Opposite Party Bank, gave a cheque No.393620 dt. 3/1/2017 for an amount of Rs.1,00,000/- in favour of M/s Santrams Logistics which was presented for encashment/collection with Bank of Baroda, Charminar Branch, Hyderabad on the same day i.e.3/1/2017. Apparently, the Collecting Bank i.e. Bank of Baroda received a Cheque Dishonour Notice dt.4/1/2017 of the said cheque No.393620 with the reason, "Funds Insufficient". The contention of the complainant is that there are sufficient funds in her Savings Bank Account No. 070401000017754, when the said Cheque was presented for collection and that the Opposite Party wrongfully dishonoured the cheque causing hardship and loss of reputation, amounting to deficiency of service.

3. There is no representation on behalf of the Opposite Party and hence set exparte.
4. In the enquiry, the complainant filed the Evidence Affidavit supported by Exhibits A1 to A4 including the Copy of Cheque, Notice of Dishonour, Bank Statement and the legal notice to the Opposite Party.

However, strangely enough, the complainant was called absent and not filed written arguments even after nearly thirty adjournments.

5. Based on the complaint averments, evidence affidavit of the complainant and the material on record, the following points have emerged or consideration:

1. Whether the complainant could make out the case of deficiency of service and unfair trade practice on the part of the Opposite party?
2. Whether the complainant is entitled for the claim/compensation made in the complaint and to what relief?

6. Point No.1:- The undisputed facts of the case are that the Cheque   No.393620 dt.3/1/2017 for an amount of Rs.1,00,000/- in favour of M/s Santrams Logistics which was presented for encashment/collection with Bank of Baroda, Charminar Branch, Hyderabad on the same day i.e.3/1/2017 was dishonoured for want of funds in the account of the complainant. Ex A3 is the statement of account of the complainant submitted for the period 1/12/2016 to 13/1/2017 which does not reflect the availability of funds in her savings account on 3/1/2017 when the Cheque No. 393620 for was presented for encashment. The burden of proving the deficiency in service is upon the person who alleges it. As seen from the record of the file, the complainant has neither appeared nor submitted the statement of accounts for the relevant period and date nor filed her written arguments even after more than thirty adjournments. Therefore, in the absence of evidence supporting her claim, showing that there are sufficient funds in her account on 3/1/2017, i.e. the  actual date   when  the cheque No.393620  was presented for collection this forum is of the considered opinion that deficiency of service is not proved against the Opposite Party. 
7. Point No.2 :- In view of the above findings of this Forum, the complainant is not entitled for any of the claims and hence the complaint is liable to be dismissed.

In this context this forum is impelled to make a few observations on the disposition of legal fraternity to litigation, the present case being symptomatic of a serious issue- that efficient and responsible litigants/lawyers ought not to pursue frivolous cases for the sake of litigation and prolong litigation with adjournments ( in this case more than 30 adjournments) to save the valuable time and resources of the adjudicating system.

8.  In the result, the complaint is dismissed and the complainant is directed to pay an    amount of Rs.10,000/- to the opposite party  under Section 26 of  Consumer Protection Act, 1986.

Time granted for compliance is one month from the date of receipt oforder.

Dictated to steno transcribed and typed by her and pronounced by us on

this the29^thday ofJanuary, 2020.

                 MEMBER                                 MEMBER                                            PRESIDENT

APPENDIX OF EVIDENCE

WITNESS EXAMINED

                                                                      NIL

Exhibits  filed on behalf of the Complainant:

Ex.A1 -  Copy of  cheque wrongfully dishonoured

Ex.A2 – Notice  of opposite party

Ex.B3 –  Bank statement

Ex.A4 –  Copy of Notice sent to  Manager, Indian Overseas Bank.

Exhibits  filed on behalf of the Opposite parties:

Nil

MEMBER                                      MEMBER                                         PRESIDENT

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