Chandigarh

DF-II

CC/85/2019

Aditya Pandit - Complainant(s)

Versus

IndusInd Bank - Opp.Party(s)

Shiti Jain Dutt Adv.

20 Aug 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	85 of 2019
Date  of  Institution	:	14.2.2019
Date   of   Decision	:	20.08.2019

 

 

 

 

Aditya Pandit s/o Sh.Vikram Pandit, R/o H.No.1187, Sector 8-C, Chandigarh 160009

             ……..Complainant

 

Versus

 

IndusInd Bank, SCO 53-54, Sector 8-C, Chandigarh 160009 through its Proprietor/Manager/Authorised Signatory.

 

………. Opposite Party

 

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING  MEMBER

            SH.RAVINDER SINGH         MEMBER

 

For Complainant      :    Ms.Shiti Jain Dutt, Advocate

For Opposite Party   :    Sh.Arun Dogra, Advocate

 

PER RAVINDER SINGH, MEMBER

 

         Briefly stated, the complainant is having savings bank accounts with OP No.1-IndusInd Bank as well as with Punjab National Bank (PNB), Sector 8-C, Chandigarh. It is averred that the complainant issued one cheque No.072753 of Rs.1 lakh in the name of Aditya Pandit (self) to be drawn from A/c No.4425000105072679 of Punjab National Bank, Sector 8-C, Chandigarh and deposited in the branch of OP No.1 Bank on 20.12.2018 for credit of the amount in Savings Account No.157707860786 of complainant.  The cheque returned on presentation on 21.12.2018 without assigning any reason (Ann.C-3). It is submitted that since the complainant was in urgent need of money, so he withdrew cash amount of Rs.90,000/- from his saving account with Punjab National Bank and as such the balance was reduced in the said account.  However, the Opposite Party No.1 without the knowledge and consent of the complainant again presented the said Cheque NO.072753 on 26.12.2018 for clearance from PNB but it was returned back due to insufficient funds and Rs.354/- were debited as charges for dishonoring of cheque (Ann.C-5) by Punjab National Bank.  Even Opposite Party No.1 charged Rs.59/- from the complainant for outward cheque return on 28.12.2018.  It is stated that the complainant was charged Rs.354/- by Punjab National Bank and Rs.59/- by IndusInd Bank for no fault of his.  Hence, this complaint.

 

2]       The Opposite Party has filed reply and while admitting the factual matrix of the case, stated that the cheque in question was returned unpaid in the evening of 21.12.2018 due to technical reasons-connectivity failure, as such in terms of the policy of bank as per RBI guidelines, the cheque was represented by the bank without reference to the customer.  It is stated that since there were bank holidays on 22.12.2018 and thereafter on 26.12.2018 i.e. after Christmas Holiday falling on 25.12.2018, the cheque in question was represented for encashment, which has been done in accordance with the policy of the bank (Ann.R-1) and therefore, the bank has not been deficient in services.  Denying other allegations, the Opposite Party has prayed for dismissal of the complaint.

 

3]       Rejoinder has been filed by the complainant reiterating the assertions as made in the complaint. 

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and perused the entire evidence on record.

 

6]       The complainant on 21.12.2018 deposited with IndusInd Bank his cheque of Rs.One lakh pertaining to his saving Bank Account No.4425000105072679 of Punjab National Bank for credit of amount in his Savings Account No.157707860786.  He got SMS on 21.12.2018 at 8.03 P.M. (Ann.C-3) from IndusInd Bank intimating that his cheque No.072753 of Rs.One lakh is returned.  On receipt of information from IndusInd Bank, the complainant, left with no alternative, withdrawn an amount of Rs.90,000/- from his account in Punjab National Bank, to meet out his other financial commitments.  The Opposite Party in its reply has admitted that cheque in question was dishonoured on 21.12.2018 due to technical reasons i.e. Connectivity Failure. 

 

7]       When the cheque was returned only due to their own technical reasons i.e. Connectivity Failure etc., then the Opposite Party IndusInd Bank should not have processed the said cheque for clearance on 26.12.2018, which resulted into levy of penal charges of Rs.354/- by Punjab National Bank due to dishonouring of cheque for want of sufficient funds at that time i.e. 26.12.2018.  The OP Bank –IndusInd explicitly was at fault in dealing with clearance of the cheque and caused loss of Rs.354/- to the complainant by way of imposition of penal charges for dishonouring of cheque by Punjab National bank.  Instead of admitting their lapses, the Opposite Party has also further levied Rs.59/- on account of outward cheque return charges.   The Opposite Party is deficient in rendering proper service and was at fault for not redressing the grouse of the complainant in time for reimbursement of penal charges out of this Forum, rather they tried to justify their failure by presenting frivolous & unjustified reasons in its reply in rebuttal to the genuine claim of the complainant in this matter. 

 

8]       Keeping into consideration the facts, as discussed in the preceding paragaraphs, the complaint is allowed with direction to the Opposite Party to reverse the entry of Rs.59/- in the account of the complainant and also to pay him compensation of Rs.10,000/- for causing mental & physical harassment, along with litigation cost of Rs.5,000/-.

         This order shall be complied with by the Opposite party within a period of 30 days from the date of receipt of certified copy of this order.

          Certified copy of this order be sent to the parties, as per rules.

Announced

20^th August, 2019                                                                   Sd/-

 

                                                           (PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER