Delhi

New Delhi

CC/118/2013

Sukharam Pal Singh - Complainant(s)

Versus

M/S. State Bank of India - 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/118/13                                Dated:

In the matter of:

Sukharam Pal Singh,

Ex-SCPO, C/o Veer Pal Singh,

H.No.A-141, gali no.2. Chandu Nagar,

Karawal Nagar Road, Delhi-110094      

……..COMPLAINANT

       

VERSUS

 

1. State Bank of India,

        Ins India, (Under Nirman Bhawan),

        Dalhausie Road, New Delhi-110011

 

2. Punjab and Sind Bank,

Cheetaj Camp, Mankhurd,

Mumbai-400066

 

3. Logistics Officer,

Release Centre, Bureau of Sailors,

Cheetah Camp, Mankhurd, Mumbai-400088  

                              ………. OPPOSITE PARTIES

 

ORDER

Member: S.R Chaudhary

 

The Complainant is Ex-Army personnel issued a demand draft bearing no.806745 for Rs.1,623/- dated 25.05.06 drawn on Punjab National Bank through OP2 as per annexure “A” . Complainant put it in his saving bank for clearing. Due o ill health, complainant could not check back till May 2007 but complainant checked his account during June 2007 from bank but he was surprised to know the demand draft in question was never credited in his account. He never credited in his account. He approached immediately branch manager and enquired the same but OP2 remained silent till 23.10.07. Ultimately he sent a letter to OP1 as per annexure “B” regarding credit of D/D amount but nothing responded by OP1 despite correspondences exchanged on 06.11.07, 23.04.08, 22.12.08, 20.02.09, 01.06.09, 19.09.09 as per annexure “C” placed on record but OP1 neither replied nor credited his account. Suddenly complainant was informed that D/D in question put in account for clearing, was misplaced by bank officials on 26.02.10 as per annexure “D”. Thus, complaint was filed and notice was served to OP but OP proceeded exparte on 15.07.13.

While evaluating expartee evidence it is very much transparent that the said demand draft drawn on PNB issued by OP2 got lost. Complainant exchanged several letters but OP remained silent. Ultimately he sent a letter dated 26.02.10 to issue duplicate D/D as per Exh.Cw1/4 but OP1 turned a deaf ear. Further OP1 sent a letter to OP3 on 04.07.11 to provide certain documents which were provided along with letter dated 11.10.11 as per Exh.CW1/7 but all efforts made got in vain which clearly indicates the deficiency & mala fide intention of OP1 who remained misleading OP2 and OP3 since beginning which is clear case of deficiency and adopted unfair trade practices to grab complainant’s money.

Keeping in view, OP1 is directed to pay Rs.1,623/- along with 9% interest from date of deposit till realization. We also award Rs.10,000/- as harassment and litigation expense to the complainant.

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