Delhi

New Delhi

CC/1274/2010

Manoj Kumar - Complainant(s)

Versus

M/S. Punjab National Bank Ltd. - Opp.Party(s)

05 Jun 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/1274/10                                                                                                                                                                              Dated:

In the matter of:

Manoj Kumar,

S/o Sh. Ram Prasad,

R/o A-154, Gali no.27, South Gamri, Som Bazar,

Jhajuri, 4 ½ Pusta, Delhi-110053 

……..COMPLAINANT

       

VERSUS

 

1. Punjab National Bank,

Tropical Building (013300),

Connaught Place, New Delhi-01

 

2. Sh. Anand Madan, Manager,

Punjab National Bank,

Tropical Building (013300),

Connaught Place, New Delhi-01

                              ………. OPPOSITE PARTIES

 

ORDER

Member: S.R Chaudhary

 

The Complainant had saving bank account 013300100379595 in which he had deposited a cheques bearing no.166679180 for Rs.8 lakhs & Rs.7 lakhs respectively drawn on Standard Chartered Bank which was discharged as per advice Memo 01.06.10 & 04.06.10 respectively giving Remark “Fund Insufficient”. Complainant immediately approached employer who has issued the cheque in favor of complainant. Employer assured him to deposit it again and it would be encashed. Complainant again sent two cheques on 26.07.10 & 27.07.10 for clearing but OP bank did not send the same as per Exh.A1, A2, B1 and B2 placed on record.

Further complainant approached OP bank on 09.08.10 but OP intimated him that issuing employer had lodged FIR against you but OP failed to provide details reasons to the complainant. Thus complaint was filed after sending legal notice to OP on 03.08.10, notice was served but OP proceeded exparte on 04.04.11.

While screening exparte evidence, it is very much transparent that OP second time 26.07.10 & 27.07.10, the cheque in question were sent for clearing but OP arbitrarily did not put it for clearance as if there must be collision of Bank staff with his employer rather OP also refused to provide the status of cheques in question sent for clearing no to the complainant rather OP misleaded the complainant that FIR was lodged by the employer against complainant as per letter dated 09.08.10 placed on record to conceal his mistake/blunder step for protecting employer rather than account holder as valuable consumer of bank. OP neither conducted any enquiry or furnished any concrete details to complainant nor provided returned cheques to the complainant which is clear case of deficiency/breach of contract/concealment of facts which is violation of RBI guidelines.

“Consumer is our first service to render/watch the interest of consumers”

Thus, we direct OP to return dishonor cheques to the complainant which were not sent by OP deliberately for encashment and we also direct OP to pay Rs.35,000/- as harassment and litigation expenses as well deliberately detained complainant cheques not sent for clearing with collusion of employer of complainant which is clear case of deficiency & violation of RBI guidelines no to harass account holder.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

 

        Pronounced in open Court on 05.06.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER