Haryana

Ambala

CC/8/2017

Gian Sunder - Complainant(s)

Versus

Jammu & Kashmir Bank Ltd. - Opp.Party(s)

Gaurav Rajpoot

17 Apr 2018

ORDER

                                                            BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

                                                              Complaint No. 8 of 2017.

              Date of Institution: 04.01.2017.

   Date of final order: 17.04.2018.

 

Gian Sunder Sharma s/o M.L.Sharma age 64 years r/o H.No.931, Housing Board Colony, Ambala Cantt.

                                                                        ….Complainant.

                                       Versus

 

1. Jammu & Kashmir Bank Ltd. Ambala Cantt. through its Branch Manager.
2. Jammu & Kashmir Bank Ltd. Zonal Office- Plot No.132-134, Sector-44, Gurgaon-122002 through its Zonal Manager.

 

....Opposite parties.

                          Complaint under section 12 of

 

Before:     Sh. Dina Nath Arora, President.

        Sh. Pushpender Kumar, Member.                                                       Ms. Anamika Gupta, Member.    

 

Present:  Sh. Ashutosh Aggarwal, Adv. for complainant.

              Sh. Arvind Goel, Adv. for opposite parties.

                             

ORDER:

 

             The brief facts of the complaint are that the complainant is having saving bank account No.0292040100001172 with the OPs. On 05.08.2016 he deposited a cheque No.059064 account No.32674399781 of Rs.3 State Bank of India Branch Sadar Bazar, Ambala Cantt. in his saving bank account maintained by OP No.1. On 06.08.2016, the amount of said cheque was debited from his account of SBI and was to be credited to saving bank account number but unfortunately OP No.1 did not accord the due credit  to the saving bank account. The complainant in good faith issued a chque No.012548 dated 05.08.2016 for Rs.3 lac in favour of SHCIL Services ltd. (Stock Holding Corporation of India Ltd.). On 11.08.2016 he received a massaged qua selling of shares by SHCIL Services. The complainant was shocked to get such message as cheque of Rs.3 lac has already been issued for purchasing of above said shares. The complainant approached the OP No.1 and came to know that the cheque was returned unpaid by Op No.1 on 09.08.2016 with the remarks Funds not sufficient despite the fact that there was sufficient balance in the account. The complainant inquired from OP No.1 many a times and on 11.08.2016 the credit of Rs.3 lac was given in his saving bank account.  The complainant is enjoying his retired life by investing his hard earned money in stock market and the complainant had to bear huge loss as the said shares were available in moderate prices at that point of time. The complainant has the limit of Rs.10 lakh with the share broker but now because of misdeed of OP No.1 the limit of complainant was drastically reduced and not it has become tough for the complainant to deal with the company. The complainant got served legal notice upon the OPs but to no avail. The act and conduct of the OPs clearly amounts to deficiency in service on their part. In evidence, the complainant has tendered affidavit Annexure CX and documents Annexure C1 to Annexure C8.

2.                     On notice OPs appeared and filed their joint reply wherein several preliminary objections such as jurisdiction, maintainability and non-joinder of necessary parties have been taken. It has been submitted that the complainant had not mentioned his complete saving bank account number in the deposit slip dated 05.08.2016 and only mentioned number as 1174 despite the fact that account number bears 16 digits. The complainant has failed to mentioned account number as 0001174. It is pertinent to mentioned here that the 5 digit code is having different saving  accounts i.e. 04010 is for saving account general, 04020 is saving bank account (NRE), 04060 SB pension, 04075 JK Bank Beema Bachat Khata 04011 delux saving account, 04085 is old persons saving account, 04015 is for janadhan saving account and for not mentioning the complete account number the amount was not deposited in account mentioned in deposit and when he came to bank and enquired the deposit of cheque, then immediately on 11.08.2016 the credit was given in the account of the complainant and it all happed due to fault of the complainant. There is no deficiency in service on the part of the OPs. Other contentions have been controverted and prayer for dismissal of the complaint has been made. In evidence, the OPs have tendered affidavit Annexure RA and documents Annexure R1 to Annexure R3.  

3.             We have heard learned counsel of both the parties and also perused the record placed on file.

4.             Learned counsel for complainant argued that THE complainant is having saving account number with opposite parties and he had deposited a cheque No.059064 account No.32674399781 of Rs.3 lac State Bank of India Branch Sadar Bazar, Ambala Cantt. in his account but they did not credit the amount in his saving bank account number after debiting the same and same was dishonoured with remarks Funds Not Sufficient.  Due to the act and conduct of the OPs the complainant has suffered huge loss; therefore, he is entitled for the compensation for loss besides mental agony and harassment and prayed for allowing the complaint.

5.             On the other hand, Counsel for opposite parties argued that the due to mentioning of incomplete account number by the complainant it all happened and when the complainant enquired about depositing of said amount in his account said amount was deposited in his account on 11.08.2016 without any delay, therefore, there is no negligence on the part of the opposite parties and prayer for dismissal of complaint has been made.

6.             In order to resolve the controversy it is desirable to go through the deposit slip placed on file Annexure R1 and perusal of this document reveals that the complainant had mentioned account No.1174 dated 05.08.2016 though the amount has been mentioned as Rs.3 lac. Perusal of Annexure R2 account selection shows that the code of saving bank general is as 04010. Annexure R1 further shows that there are 16 boxes for mentioning the complete number and the detailed account number remains very important and it is necessary for all bank customers to mention his complete account number of 16 digits on the deposit lip and for that purpose the bank has printed pay in slip for complete 16 digit. The complainant himself has failed to mention the complete account number. It is not disputed that as and when the complainant visited the OPs then immediately the said amount was credited in his account. The story put-forth by the complainant is not believable rather it appears that in order to take undue advantage of benevolent provisions of CP Act he has twisted the facts and has tried to shift the burden of his own wrongs to the shoulders of OPs bank. The cheque in question was issued on 05.08.2016 and the same was deposited on 06.08.2016 and when the amount was not lying in the account of the complainant, therefore, bank had no option but to dishonor the cheque issued by the complainant on 09.08.2016. Since the amount has already been credited in the account of the complainant immediately on 11.08.2016 (Annexure R3) as and when the complainant approached to the bank, therefore, it cannot be said that the OPs are deficient in providing services to the complainant. The complainant in his complaint has alleged that he has suffered huge loss because due to the lapse on the part of OPs he could not purchase the shares which were being available on moderate price but this Forum cannot decide this controversy because the Forum has come to conclusion that there is no deficiency in crediting the amount in the account of the complainant by causing no delay.

7.                     In view of the above discussion it is clear that the OPs are neither negligent nor deficient in performing their services, therefore, the present complaint deserves dismissal. Accordingly, we dismiss the present complaint leaving the parties to bear their own costs. File be consigned to the record room after due compliance. Copies of order be supplied to the parties under the rule. File be consigned to the record-room after due compliance.

Announced on: 17.04.2018

 

                                                                 (D.N.Arora)

(Anamika Gupta)  (Pushpender Kumar)    President,

Member            Member              District Consumer Disputes                                                               Redressal Forum, Ambala