District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 46/2023.
Date of Institution:20.02.2023
Date of Order: 18.07.2023.
M/s. Baiju Realtors LLP At D/9, Shop NO.3,2nd floor, NIT, Faridabad through its designated partner Sh. Ghanshyam.
…….Complainant……..
Versus
ICICI Bank Limited, 17-19, Ramneek Complex, Tikona Park, NIT Faridabad, Haryana – 121001 through its Branch Manager.
…Opposite party
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Ankur Gosain, counsel for the complainant.
Sh. Sagar Bhatia, Counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the complainant was an LLP and Shri Ghayshyam s/o Devender Singh was the designated partner of said LLP and was well conversant with the facts of the above matter and was duly authorized vide board resolution dated 19.01.2023 on behalf of the complainant LLP to file the present complaint. The complainant LLP was having current account No. 102505005420 with the opposite party and the complainant was maintain the said account to run his business and earn livelihood . The complainant purchased land vide sale deed bearing document No 2715 dated 27.01.2022 registered in the office of Sub Registrar – Tigaon and issued various post dated cheques to the sellers in order to make payment of the sale consideration amount. A cheque bearing No. 000242 dated 15.12.2022 for Rs.1,27,21,706/- was issued in favour of one of the sellers namely Birham Pal as such the complainant had maintained sufficient balance for the encashment of the said cheque. The complainant had issued another cheque bearing NO. 000279 dated 05.02.2023 for Rs.50,00,000/- in fvour of one Hem Raj s/o Krishan Lal but the opposite party without reading the correct date on the said cheque honoured the said cheque bearing NO. 000279 dated 05.02.2023 for Rs.50,00,000/- in the account of Hem Raj on 06.01.2023 as a result of which the amount which was kept for the clearance of cheque bearing No. 000242 dated 15.12.2022 for Rs.1,27,21,706/- was reduced by Rs.50,00,000/- as such the cheque bearing No. 000242 dated 15.12.2022 for Rs.1,27,21,706/- got dishonoured and said Birham Pal filed a suit for cancellation of the sale deed bearing document No. 2715 dated 27.01.2022 registered in the office of Sub Registrar – Tigaon. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) pay Rs. 20,00,000/- as compensation for causing mental agony and harassment .
b) pay Rs. 25,000 /-as litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the complainant availed the banking ser5vices of the opposite party No.1 for commercial purpose. Thus the complainant was not a consumer under section2(7) of the Consumer Protection act 2019. It was submitted that the complainant availed account overdraft facility of the opposite party at its branch Ramneek Complex, Tikona Park, NIT, Faridabad Haryana, under Account No. 102502005420 for its business/commercial purpose. It was submitted that the cheque No. 000279 for sum of Rs.50,00,000/- bearing issue date 05.01.2023 was issued by the complainant and the complainant submitted electronically, through mobile app/internet banking details of that cheque No. 000279 i.e cheque No., issue date, name of the beneficiary/payee, amount in positive pay system of the opposite party bank The cheque No. 000279 amounting to Rs.50 lakhs issued form the complainant’s account dated 05.01.2023 was received at opposite party’s Regional Clearing, Delhi in Inward Clearing on 06.01.20923. Further telephonic confirmation on registered No. 918800001112 at 14:16 PM on January 06,2023 was also done by the officer of the opposite pary bank to sought consent from the account holder to which Mr. Vikram on behalf of the complainant firm gavbe consent to honour the cheque in question. If the account holder had genuinely not intended to write as 01 in the month filed, then during call confirmation, he should have informed the bank staff that this cheque was intended to be cleared in 02(Feb) and he should have denied confirmation. But he confirmed to clear the cheque. Hence bank proceeded with clearing process and honoured the cheque. It was submitted that the details filled in cheque were cross checked with the details fed in positive pay system by the complainant and no discrepancy was found by cheque truncation system/clearing system. Further , telephone confirmation call was made on registered mobile No. 918800001112 at 14:16 pm on January 06,2023 for honouring of cheque to which Mr. Vikram on behalf of the complainant gave consent to honour the cheque No.000279. As such, the opposite party bank followed two stage verification and confirmation process and in absence of any discrepancy, the cheque was honoured. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party–ICICI Bank Ltd.. with the prayer to: pay Rs. 20,00,000/- as compensation for causing mental agony and harassment . b) pay Rs. 25,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Shri Ghanshyam, M/s. Baiju Realtors LLP at D9, Shop No.3, 2nd floor, NIT, Faridabad, Ex.C1 – Resolution, ExC-2 – affidavit, Ex.C-3 – Statement, Ex.C-4 – Sale deed, Ex.C-5 – complaint of plaint filed in the Court of Hon’ble Civil Jude, Senior Division, Faridabad. , Ex.C6 - Affidavit of Birhampal & Birham Singh s/o Shri Chander, Ex.C-7 – photocopy of cheque.
On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party Ex.RW1/A – affidavit of Tanay Jatin, Senior Legal Manager, ICICI Bank Ltd.,
6. In this case, the complaint was filed by the complainant with the prayer to pay Rs. 20,00,000/- as compensation for causing mental agony and harassment .
7. As per the evidence led by the opposite party, opposite party called the complainant and got the permission to pass the cheque. But on the other hand, complainant is Ghanshyam S/o Shri Devender Singhnot the Vikram. As per photocopy of cheque vide Ex.C7 it looks from naked eyes there is an over writing in the date part. It was the duty of the opposite party to inform the proper person before passing of cheque. Opposite party called to unknown person and opposite party never called on registered mobile number.
8. After going through the evidence led by both the parties, the Commission is of the opinion that it is a minor deficiency on the part of the opposite party. Hence, the complaint is disposed off with the direction to opposite party to pay Rs.3300/- as compensation for causing mental agony & harassment alongwith Rs.2200/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 18.07.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
( Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
