| ORDER | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023 CONSUMER COMPLAINT NO.495-2015 DATED ON THIS THE 22nd April 2016 Present: 1) Sri. H.M.Shivakumara Swamy B.A., LLB., - PRESIDENT 2) Smt. M.V.Bharathi B.Sc., LLB., - MEMBER 3) Sri. Devakumar.M.C. B.E., LLB., - MEMBER COMPLAINANT/S | | : | M.Shashank, S/o Late Maddanna, No.447, Opp. DFRL, Near State Bank of Mysuru, Buddha Marga, Siddarthanagara, Mysuru. (Sri H.H.H, Adv.) | | | | | | V/S | OPPOSITE PARTY/S | | : | The Manager, Syndicate Bank, Zoo Branch, Ittigegudu (Indiranagara), Mysuru. (Sri B.T.Sreekantegbowda, Adv.) | Nature of complaint | : | Deficiency in service | | Date of filing of complaint | : | 10.07.2015 | | Date of Issue notice | : | 14.07.2015 | | Date of order | : | 22.04.2016 | | Duration of Proceeding | : | 9 MONTHS 4 DAYS | | | | | | | | | | |
Sri Devakumar.M.C. Member - The complainant has filed the complaint under section 12 of the C.P.Act against the opposite party Bank, seeking a direction to pay `2,20,000/- towards loss suffered due to return of the cheque and `2,00,000/- towards compensation for the mental agony along with cost of the proceedings and such other reliefs.
- The complainant presented a cheque amounting `2,70,000/- for realization on 02.01.2014, to the opposite party Bank. The complainant receive the message that the cheque amount has been credited and the balance available in the complainant’s account was `2,71,625.89 on 02.01.2014 at 12.59 PM. ON 04.01.2014 and 05.01.2014, the complainant withdrew a total sum of `40,000/- through ATM. Subsequently, a cheque amounting to `2,20,000/-, was presented by the complainant, got dishonoured and returned with an endorsement “Funds insufficient” on 06.01.2014. Thereby, aggrieved complainant, filed the complaint seeking reliefs.
- The opposite party Bank admits the receipt of cheque amounting to `2,70,000/- on 02.01.2014, for realization and withdrawal of a total sum of `40,000/- on 04.01.2014 and 05.01.2014, through ATM. It also admits the return of the cheque for a sum of `2,20,000/- on 06.01.2014, drawn by the complainant, with an endorsement “Funds insufficient”. Subsequently it has called for repayment of the amount withdrawn through ATM, since the cheque presented for realization of `2,70,000/- on 02.01.2014 got dishonoured. Hence, the opposite party has initiated a suit before the civil court for recovery of `48,369.48, due as on 22.09.2015, which is pending for disposal. As such, opposite party contending that the complaint is not maintainable and prays for dismissal of the complaint.
- To prove the facts, both parties filed their affidavit and relied on several documents, written arguments filed by both side. After hearing the oral submissions and on perusing the material on record, matter posted for orders.
- The points arose for our consideration are:-
- Whether the complainant established the deficiency in service on the part of opposite party Bank in not honouring the cheque drawn by him and thereby entitled for the reliefs sought?
- What order?
- Our findings on the aforesaid points are as follows:
Point No.1 :- In the negative. Point No.2 :- As per final order for the following :: R E A S O N S :: - Point No.1:- The cheque presented by the complainant, for encashment on 02.01.2014, has been dishonoured by the opposite party Bank Central Grid at Chennai and the information of the same has been communicated to the opposite party Bank on 06.01.2014. The reason was “Funds insufficient”. In the meanwhile the complainant withdrew a total sum of `40,000/- through ATM on 04.01.2014 and 05.01.2014. Later, the cheque drawn by the complainant to withdrew a sum of `2,00,000/- has been dishonoured by the opposite party for the reason “Insufficient funds”. If the cheque presented on 02.01.2014 was honoured, the opposite party Bank would have honoured the cheque presented on 06.01.2014. As there was no sufficient balance in the complainant’s account, since the cheque presented on 02.01.2014 was dishonoured. Therefore, the cheque drawn on 06.01.2014 has been returned with an endorsement ‘Funds insufficient”. Further, the complainant withdrew a sum of `40,000/- on two days, through ATM, before the opposite party Bank received the communication from its Central Grid, regarding the dishonour of the cheque. The opposite party has communicated the same information on 10.01.2014 and also replied the legal notice clarifying the same. Thereby, the complainant is bound to repay the amount withdrawn through ATM to the opposite party Bank. Hence, there is no deficiency in service on the part of opposite party Bank and it is not liable to pay any damage to the complainant.
- Since, the opposite party Bank has initiated the suit against the complainant, in the civil court for the recovery of the money, the matter in issue cannot be decided in summary proceedings, under the C.P.Act. Hence, the parties are hereby directed to seek the reliefs before the civil court only. Accordingly, the point No.1 is answered in the negative.
- Point No.2:- In view of the above discussions, we proceed to pass the following
:: O R D E R :: - The complaint is dismissed.
- Give the copies of this order to the parties, as per Rules.
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