DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 16th day of July 2016
Present : Smt.Shiny.P.R, President
: Smt.Suma.K.P, Member
: Sri. V.P.Anantha Narayanan, Member
CC/189/2015
Anu.K : Complainant
S/o.Kunju,
Parayampdi Veedu,
Vemballur Post,
Thenkurissi Panchayath,
Palakkad – 678 502
(By Party in Person)
Vs
Manager,
Canara bank,
Thenkurissi Post,
Palakkad – 678 671 : Opposite party (Adv.G.Ananthakrishnan)
O R D E R
By Smt.Shiny.P.R. President
Brief facts of the complaint
Complainant has presented a cheque of Rs.34,438/- issued by Additional District and sessions Judge, Dharapuram before the opposite party on 22-7-2015. Complainant submitted that till the date of complaint opposite party did not credit the cheque amount to his account. Due to the delay occurred in collection of cheque, complainant had financial problems, then he was compelled to avail a loan of Rs.30,000/- from the opposite party. After two months from availing of loan he could not repay the loan amount regularly. Now the complainant is under the threat of revenue recovery proceedings against his properties. As the opposite party did not collect the cheque amount within a reasonable time, he has suffered a lot of financial problems and mental agony. Hence the complaint. Complainant prays for an order directing opposite party to pay a total sum of Rs.84,438/- to the complainant.
Complaint was admitted and notice was issued to the opposite party. Opposite party appeared before the forum and filed version contending the following:
Opposite party admits that the complainant had presented a cheque dated 21/7/2015 issued by the Additional District and Sessions Judge, Dharapuram. The opposite party had forwarded the cheque to Canara Bank, Dharapuram for collection. Since it was a government cheque, the cheque had to be collected before 31/7/2015 but due to postal delay, the cheque was not able to be collected through the clearing house before the said date and hence the clearing house returned the cheque to Canara bank, Dharapuram. Canara Bank Dharapuram had sent the same to this opposite party by Franch Express Courier but the instrument was not delivered by the courier to this opposite party. On contacting the courier service, they stated that the courier cover was returned on 18/8/2015 as the opposite partys branch is in a non-serviced area. In spite of diligent search the cheque could not be traced out at the Canara bank, Dharapuram branch.
Opposite party contacted the complainant and requested him to co-operate and get a duplicate cheque issued by the Additional District and Sessions Judge, Dharapuram. The opposite party had also agreed to bear the expenses for obtaining such duplicate cheque. In spite of such request, the complainant is not co-operating to get the duplicate cheque. Duplicate cheque can be applied by the complainant only. The amount is still lying with the Additional District and Sessions Judge, Dharapuram which can be received only by the complainant. Instead of applying for duplicate cheque, the complainant is trying to extract the money from the opposite party. If the opposite party is directed to pay the amount, the complainant can apply for cheque again resulting in double payment.
The complainant had availed a loan of Rs.30,000/- from this opposite party on executing necessary documents. A sum of Rs.30,889/- is due in the account as on 3/3/2016 which is a different transaction. The complaint may be dismissed with costs.
Both parties filed their respective chief affidavits. Ext.A1 to A4 were marked from the side of complainant and Ext.B1 to B4 were marked from the side of opposite party.
The following issues are taken into consideration
- Whether there is any deficiency in service on the part of opposite party?
- If so what is the relief?
Issues 1 &2
We have perused the documents filed before the forum. Opposite party admitted that the cheque of Rs.34,438/- was presented before them by the complainant. Opposite party submitted that since it was a government cheque, the cheque had to be collected before 31-7-2015 but due to the postal delay, the cheque was not able to be collected through the clearing house and hence the clearing house returned the cheque to the Canara Bank Dharapuram. Ext.A2 shows that complainant had presented the cheque on 22-7-2015. But Ext.B1 reveals the fact that opposite party bank sent the cheque to the Canara Bank Dharapuram only on 31-7-2015. This shows that they had taken 9 days for sending the cheque for collection to Canara Bank Dharapuram Branch. Since it was a government cheque, they ought to have collected the cheque amount on or before 31-7-2015. Instead the opposite party sent the cheque for collection only on 31-7-2015. This act of opposite party amounts to deficiency in service. Apart from this, Opposite party did not intimate customer about the non encashment of cheque within a reasonable time. No documents were produced to prove otherwise. Considering the above facts and circumstances we are of the view that there is clear deficiency in service on the part of opposite party.
In the version opposite party contended that Canara Bank Dharapuram Branch had sent the cheque to the opposite party by Franch Express courier but the instrument was not delivered by the courier to the opposite party and courier cover was returned on 18-8-2015 as the opposite partys branch is in a non serviced area. This contention cannot be taken into consideration, because no evidence was adduced by the opposite party. Opposite party could not evade from the liability by merely saying that the cheque was lost from their custody. Hence we are of the opinion that there were gross negligence and deficiency in service on the part of opposite party. But, in the version opposite party contended that the cheque amount is still lying with the court of Additional District and Sessions Judge, Dharapuram which can be received only by complainant. Hence we are not in a position to direct opposite party to pay the cheque amount to the complainant as complainant has no financial loss or loss of cheque amount. He can apply before the Honble Additional District and Sessions Court, Dharapuram to get a revalidated cheque. However, Opposite party has the liability to pay compensation for the delay caused and mental agony suffered.
Complainant submitted that he had availed a loan of Rs.30,000/- from opposite party. Forum cannot interfere with this matter because it is a different transaction, not related to above allegation.
In the light of the above discussions we partly allowed the complaint. Hence we direct opposite party
- To pay Rs.5,000/- (Rupees Five thousand only) as compensation for mental agony, Rs.5,000/- (Rupees Five thousand only) towards the expenses to be incurred for the collection of revalidated cheque from Dharapuram Additional District and Sessions Judge and Rs.1,000/- (Rupees One thousand only) as cost of litigation expenses to the complainant and
- To give all the assistance to the complainant to get the revalidated cheque from the Additional District and sessions Judge, Dharapuram within one month from the date of the receipt of this order. Otherwise opposite party is liable to pay an additional amount of Rs.34,438/- (Rupees Thirty four thousand four hundred and thirty eight only) to the complainant.
Order shall be complied with within a period of one month from the date of receipt of this order, failing which complainant is eligible for 9% interest per annum for the whole amount from the date of the receipt of this order, till realization.
Pronounced in the open court on this the 16th day of July 2016.
Sd/- Sd/- Shiny.P.R
President
Suma.K.P
Member
Sd/-
V.P.Anantha Narayanan
Member
Exhibits marked on the side of complainant
Ext.A1 – Photocopy of cheque for Rs.34437/- dtd.21/7/15 issued to the complainant
Ext.A2 – Letter dated 5/10/2015 addressed to the opposite party by the complainant
Ext.A3 – Pay-in-slip counterfoil issued by opposite party
Ext.A4 – Letter sent by Banking Ombudsman to the complainant.
Exhibits marked on the side of opposite party
Ext.B1 – True copy of Dispatch Advice regarding dispatch of cheque bearing
No.2072017 to opposite partys branch at Dharapuram
Ext.B2 – True copy of communication sent by opposite party to Canara Bank at
Dharapuram
Ext.B3 – True copy of Statement of Account in the name of complainant for the
period from 1/5/15 to 18/3/16 issued by opposite party
Ext.B4 – True copy of Statement of Account in the name of complainant for the
period from 1/10/15 to 3/3/16 issued by opposite party
