Kerala

StateCommission

A/15/932

MANAGER SOUTH INDIAN BANK - Complainant(s)

Versus

LILLY KUTHOTHIL - Opp.Party(s)

R S MOHANAN NAIR

23 Sep 2016

ORDER

 

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL NO.932/15

JUDGMENT DATED:23.09.2016

 

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                         :  PRESIDENT

SHRI.V.V. JOSE                                                          : MEMBER

 

The Manager,

The South Indian Bank Ltd.,

Goolikkadavu, Attappadi,                                     : APPELLANT

Palakkad-678 581.

 

(By Adv: Sri. R.S. Mohanan Nair)

 

            Vs.

Lilly Kuthottil,

W/o Abraham Kuthottil,

Kuthottil House,                                                                 : RESPONDENT

Chavadiyur P.O, Attappadi,

Palakkad-678 581.

 

JUDGMENT

HON.JUSTICE.P.Q.BARKATHALI : PRESIDENT

 

This is an appeal filed by the opposite party in CC.39/15 on the file of Consumer Disputes Redressal Forum, Palakkad challenging the order of the Forum dated, September 29, 2015 directing the first opposite party to pay to the complainant Rs.67,235/- and to pay a compensation of Rs.10,000/- and a cost of Rs.1000/-.

2.      The case of the complainant as detailed in the complaint before the Forum in brief is this:-

Complainant is an account holder of the opposite party bank.  She was employed as a nurse in France and after her retirement she had settled in Attappady with her family.  Her pension amount used to be credited in her account at France and she used to draw the amount by presenting cheques through the opposite party bank.  On December 22, 2014 she presented two cheque leaves for collection from her account in the Bank in France for an amount of 11000 Euro and 1000 Euro respectively.  As the marriage of her daughter was fixed on January 26, 2015 she was in dire need of money.  On earlier occasions opposite party bank purchased such cheques and amount was credited to the account of the complainant on that day itself.  But now the bank sent the cheque for collection and the same was credited to her account only on January 28, 2015.  The exchange rate was calculated at Rs.68.66 per Euro.  On enquiry it was found that the amount was debited from her account in the bank of France on January 08, 2015.  On that day the exchange rate was 74.0765 per Euro.  Therefore complainant is entitled to difference in the amount.  She also claimed compensation.

3.      Opposite party is M/s South Indian Bank, represented by its Branch Manager, Attappady, Palakkad.  He in his version contended thus before the Forum.  The presentation of the cheque by the complainant for collection is admitted.  But the on request of the customer it was sent for collection.  The provisional credit was given on January 06, 2015.  As per the guidelines issued by the Reserve Bank of India the status of the cheque will be known on the 21^st day, ie after the cooling period.  As on January 27, 2015, the exchange rate was Rs.68.66 per Euro, which is credited to the account of the complainant.  Therefore complaint has to be dismissed.

4.      Both parties filed proof affidavits, Exts.A1 to A3 were marked by the complainant and Exts.B1 to B4 were produced by the opposite party before the Forum.  On an appreciation of evidence Forum found that the opposite party should have given the exchange rate as on January 08, 2015 and directed the opposite party to pay to the complainant Rs.67,235/- being the difference in the rate of exchange along with a compensation of Rs.10,000/- and a cost of Rs.1000/-.  Opposite party has now come up in appeal challenging the said order of the Forum.

5.      Heard the counsel for the appellant and the complainant who appeared in person.

6.      The following points arise for consideration:-

1. Whether there was any deficiency of service on the part of the opposite parties?
2. Whether the impugned order of the Forum can be sustained?

 

7.      The presentation of the cheque for collection by the complainant is admitted.  The counsel for the appellant argued that as per the guidelines issued by the Reserve Bank of India the cooling period of 21 days is allowed and the amount need be credited to the account of the complainant only thereafter.  Opposite party produced Exts.P1 copy of circular issued by the bank regarding the collection of cheques from foreign countries.  But the copy of the circulars produced by the opposite party relates to the US dollars not with respect to Euro and is applicable to US only.  Further in the present case the amount was debited from the account of the complainant in bank of France on January 08, 2015 itself.  Therefore opposite party is bound to pay to the complainant on the basis of the exchange rate as on that day.  Ext.A2 the copy of e-mail showing the rate of exchange shows that as on January 08, 2015 the exchange rate was Rs.74.0765 per Euro.  Therefore Forum is perfectly justified in directing the opposite party to pay to the complainant Rs.67,235/- being the difference in the rate of exchange.

8.      Forum has also directed the opposite party to pay a compensation of Rs.10,000/- and a cost of Rs.1000/- to the complainant.  We find no ground to interfere with the said finding of the Forum.

In the result appeal is dismissed with a cost of Rs.5000/-.

 

 

JUSTICE P.Q. BARKATHALI:  PRESIDENT

 

 

V.V. JOSE : MEMBER

 

VL.

 

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V.V. JOSE : MEMBER

 

VL.