Punjab

Rupnagar

CC/22/109

Pooja Kumari - Complainant(s)

Versus

Indusind Bank Ltd. - Opp.Party(s)

Harminder Singh

24 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

RUPNAGAR

Consumer Complaint No.        :109 of 26.07.2022

             Date of Decision                     :24.03.2023

 

Pooja Kumari wife of Ashok Kumar Resident of H. No.3533/4, Adarsh Nagar, Rupnagar Tehsil and District Rupnagar.

                                                                                                ….Complainant

Versus

 

IndusindBank Limited, Branch SCO 40, First Floor, Beant Singh Aman Nagar, Bela Road Rupnagar, Tehsil and District Rupnagar through its Branch Manager.

      …Opposite Party

Complaint under the Consumer Protection Act.

 

QUORUM:

SH.KULJIT SINGH, PRESIDENT

SH.RAMESH KUMAR GUPTA, MEMBER

 

COUNSEL FOR THE PARTIES:

 

For complainant             :         Sh.Harminder Singh, Advocate

For OP                           :         Sh.Ankush Sharma, Advocate

 

ORDER

PER  KULJIT SINGH, PRESIDENT

 

1. In the present complaint, the counsel for complainants has averred that complainant purchased TVS Jupiter bearing Registration No.PB-12-AG-4227, Engine No.EG5AM1500273 Chassis No.MD626CG58M1A01256 two wheeler on 10.02.2021 for giving same as a gift to her husband Sh.Ashok Kumar on installments and OP finance vide loan No.PMR05035H and the same in the office of TVS Motor, Rupnagar and complainant also give OP Rs.10000/- cash.At the time of purchasing said vehicle OP took the 6 blank cheque i.e. cheque bearing No.012492, 012493, 01294, 012495, 012496, 012497 of Federal Bank of complainant for security purpose.  Now the loan of said vehicle was already cleared by complainant but complainant whenever approach OP to return back the said 6 blank cheque then OP prolonging the matter without any reasonable cause and then finally on 09.04.2022 complainant approach the OP for returned back the said blank cheque, then finally OP issued the letter to complainant by mentioning that complainant have returned whole loan of TVS Jupiter bike and loan stand closed and NOC also issued for loan and OP have received the said cheques of complainant, but now said cheques are not traceable in their record.  The big negligence on OPs part because OP has lost the 6 blank cheques of complainant.  In future OP, agent of OP, any other employee of OP or any known person can misuse these cheques by filing the huge amount in these cheques, then complainant will suffer financially loss.  Lastly prayer has been made that the OP be directed to return said six cheques, pay Rs.1,00,000/- as damages, Rs.25000/- as litigation expenses.
2. Upon notice, OPhas appeared through counsel and contested the complaint by taking preliminary objections that complaint is not maintainable; complainant has no locus standi; complainant has not come to this Commission with clean hands.  On merits, it is submitted that cheques taken is a part of parcel of loan process and loan application.  Loan account of complainant has been closed by bank and NOC has been issued by bank to customer and post closer of loan account all record has been consigned by bank.  Cheques taken is a part and parcel of loan process and taken in favour of M/s Indusind Bank Ltd and cannot be misused and in order to satisfy the complainant, the bank had issued a letter to indemnify him.  In order to satisfy the complainant he had also been given in writing by the bank, that there is no possibility of misuse of cheques by bank and the complainant has been given NOC as well as a letter regarding this.  Other averments of complaint are denied and prayed for dismissal of complaint.
3. In order to prove their respective versions, both the parties produced on the file their respective documents
4. We have heard learned the parties with their valuable assistance and have also gone through the record carefully.
5. It is admitted by the opposite party that the complainant is having his loan account with the opposite party.  It is proved on the file that loan of the complainant has already cleared and NOC to this effect already been issued to complainant. 
6. On the other hand, Op has certified vide Ex.C-4 that cheque bearing No.012492, 012493, 01294, 012495, 012496, 012497 are not traceable in our records now and same has been verified and they request the complainant to make STOP PAYMENT REQUEST against above said cheques in respective Bank Branch.
7. As such, due to not tracing of above said cheques from record of the OP, some deficiency in service attributed against the OP. 
8. In view of above discussion, the present complaint is partly allowed and the Op is directed issue indemnity bond regarding not misusing of the said cheques.  Further, OP is directed to Rs.3,000/- as compensation and Rs.1000/- as litigation expenses. 
9. Compliance of above said order be made within a period of 45 days from the date of receipt of copy of this order.
10. Copies of the order be sent to the parties, as permissible, under the rules.
11. File be indexed and consigned to record room.

Dated:24.03.2023

          (Ramesh Kumar Gupta)                  (Kuljit Singh)

          Member                                           President