Delhi

North East

CC/1/2021

PANKAJ AGGARWAL - Complainant(s)

Versus

MANAGER, PUNJAB NATIONAL BANK - Opp.Party(s)

17 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 01/21

 

In the matter of:

 

	Sh. Pankaj Aggarwal C-41/Z-2, Dilshad Garden, Delhi-110095	Complainant
	Versus
	Punjab National Bank (Through its Branch Manager) Branch: Dilshad Garden B-Block Shopping Complex Delhi-110095	Opposite Party

 

DATE OF INSTITUTION:       JUDGMENT RESERVED ON:                         DATE OF ORDER  :

30.12.20 22.08.22 17.10.22

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

ORDER

      Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1. The Facts of the case are that the complainant handed over a cheque bearing no. 634291 dated 10.10.20 amounting to Rs. 1,510/- drawn on Punjab National Bank, Dilshad Garden Branch, for depositing the school fees of his daughter on 10.10.20 and the same was presented by the school for clearance through their banker i.e. Axis Bank for payment and that was returned unpaid on 12.10.20 by Opposite Party. The Complainant stated that the daughter of the Complainant was informed by her class teacher in the month of November that her fee cheque was returned by Opposite Party unpaid due to which her fees was overdue for the month of October and her name could be struck off from school and asked her to send the Complainant to her school and when the Complainant visited the school of her daughter they threatened him that his fees cheque was bounced and her daughter’s name would be struck from the school rolls and  they demanded immediate cash payment in lieu of the cheque which was given to school. The Complainant then demanded cheque return memo along with cheque from them and they stated that their bank had not handed over the same to them. On 12.12.20, the Complainant got a call from his daughter’s school to collect the returned cheque. After seeing the cheque he came to know that the cheque was bounced due to reason “Outstation Limit Exceed” which is a vague reason and on 14.12.20 the Complainant sent a legal notice to Opposite Party. The Complainant is having a savings bank account  bearing no. 392700063867 in Opposite Party Dilshad garden branch. The Complainant stated that the non-clearance of the cheque towards the fee of his child is due to the deficiency on the part of Opposite Party. When the Complainant tried to get the clarification personally they did not pick any call and if pick not transferred/answered and misbehaved with him by not admitting the error. The Complainant stated that he has documents as evidence such as photocopy of cheque returned, photocopy of return memo, copy of notice served upon Opposite Party by speed post & tracking report and copy of bank statement. The cheque of the Complainant was bounced without having a valid reason. Hence, this shows deficiency on the part of Opposite Party. The Complainant has prayed for compensation of Rs. 1,50,000/- on account of harassment, Rs. 1,00,000/- on account of mental agony, Rs. 1,60,000/- on account of deficiency in service and Rs. 50,000/- on account of litigation charges.  

Case of Opposite Party

2. The Opposite Party contested the case and filed written statement. It is stated by the Opposite Party that Axis Bank had issued the cheque Return Memo and therefore it is necessary party, But the Complainant has not made Axis Bank as a party. It is stated that cheque in question was not presented for payment. It is prayed that complaint be dismissed.

Rejoinder to the written statement of Opposite Party

3. Complainant filed rejoinder to the written statement of the Opposite Party and he has reiterated the assertions made in the complaint.

Evidence of the Complainant

4. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Evidence of the Opposite Party

5. In order to prove its case Opposite Party has filed affidavit of Shri  Sanjay Grover, Manager in Opposite Party i.e. Punjab National Bank, Dilshad Garden, wherein the averments made in the written statement have been supported.

Arguments and conclusion

6. We have heard the Complainant and Ld. Counsel for the Opposite Party. We have also perused the file and the written arguments filed by the Opposite Party. The case of the Complainant is that he gave the cheque in question to the school of his daughter and the said school presented the said cheque to his banker i.e. Axis Bank. The said cheque was returned unpaid for the reason “Outstation Limit Exceeds”. It is the case of the Complainant that the cheque in question was returned back unpaid for a vague reason. On the other hand, the case of the Opposite Party is that the cheque in question was not present to it by the Axis bank for payment. The case of the Opposite Party is that as per the record of the said cheque in question was not presented to it by the Axis Bank for payment. The Opposite Party has filed the copy of the cheque in question which bears the stamp “cleared” this all shows that the cheque in question was presented by the Axis Bank to the Opposite Party.  This falsifies the defence of the Opposite Party.
7. In view of the above discussion, the complaint is allowed. In view of the facts and circumstances of the case, the Opposite Party shall make a payment of Rs. 15,000/- to the Complainant on account of mental harassment, mental pain & agony and litigation expenses along with interest @ 6 % p.a. from the date of this order till recovery.  
8. Order announced on 17.10.2022.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President