Tamil Nadu

South Chennai

CC/166/2017

R.Solai Raj - Complainant(s)

Versus

M/s.Indian Overseas Bank - Opp.Party(s)

G.Purushotham

08 Aug 2022

ORDER

Date of Complaint Filed : 28.03.2017

Date of Reservation      : 21.07.2022

Date of Order               : 08.08.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                   THIRU. T.R. SIVAKUMHAR, B.A., B.L.,            :  MEMBER  I 

                   THIRU. S. NANDAGOPALAN., B.Sc., MBA.,     : MEMBER II

 

CONSUMER COMPLAINT No.166/2017

MONDAY, THE 8^th DAY OF AUGUST 2022

R.Solairaj,

S/o S.P Ramasamy,

15, Venkatesh Nagar Main Road,

Virugambakkam,

Chennai – 600 092.                                                           ... Complainant             

 

..Vs..

1.M/s. Indian Overseas Bank,

   Rep. by the General Manager,

   763, Anna Salai,

   Chennai – 600 002.

 

2.M/s. Indian Overseas Bank,

   Rep. by the Chief Manager,

   Virugambakkam Branch,

   Virugambakkam, Chennai – 600 092.

 

3.M/s Indian Oveseas Bank,

   Rep. by the Chief Manager,

   Kodambakkam Branch,

   Kodambakkam,

   Chennai – 600 024.                                                  ...  Opposite Parties

 

******

Counsel for the Complainant         : M/s. G.Purushotham

Counsel for the Opposite Parties    : M/s. R. Ramesh

 

        On perusal of records and after having heard the oral arguments of the Complainant and on endorsement made by the Opposite Parties, the written arguments being treated as oral arguments, we delivered the following:

 

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Parties under section 12 of the Consumer Protection Act, 1986 and prays to direct the Opposite Parties to pay the compensation of Rs.2,00,000/-.

2.     The averments of Complaint in brief are as follows:-

        The Complainant is a SB A/c holder of Kodambakkam Branch of Indian Overseas Bank under A/c No.003110100001534 and doing unblemished transaction with the Bank for the past 40 years. During the month of May 2016 he issued a crossed cheque No 470698 dated 20.05.2016 for Rs.5000/- in favour of Sri Ramanuja Baktha Jana Kaingarya Sabha. Though the procedure for realization of cheque is in order the Bank Authorities of Viurugambakkam Branch simply returned the cheque in a lackadaisical manner after 10 days of the presentation for the reasons that the signature of the drawer was not scanned, that too against enquiry made about the status of the cheque by the drawee. While handing over the cheque to the drawee by the Bank Authority there were no appropriate memo accompanied with the cheque for cause of returning the cheque which ought to be given to drawee, nor made any authoritative note by the Bank Authorities.  The Complainant sent an email dated 06.06.2016 to the Kodambakkam Branch Manager about the lethargic and evasive attitude of the officials of the Bank and their contribution towards the deficiency of service. The Branch Manager replied through email dated 07.06.2016, simply explained about the snag occurred in the computer and regretted the inconvenience caused. But on 08.06.2016 the Branch Manager of the Virugambakkam Branch sent a communication vide email stating that, he himself realized the discourteous and rude behavior of the his officials towards customer and personally apologized for the unpleasant incidents happened in the issue of cheque realization and assured appropriate action against the erred staff. The Complainant  was not satisfied with the replies of the both Bank Managers, he filed a complaint before the General Manager of Indian Overseas Bank vide letter dated 06.07.2016 explaining about the deficiency of service committed by his subordinates and thereby caused  loss of reputation in the Sabha. Whereupon he claimed a compensation Rs. 2,00,000/ which he intended to pay fully to the Sabha and thereby wipe out his commission of misdemeanor and sin towards Sabha which arose out of the fault service of the Bank. The General Manager replied vide his letter dated 13.07.2016  that he had forwarded the complaint to the concerned authorities for necessary action. As there is no action from the Bank towards his demand, for a sufficient period of time, he issued a lawyer notice dated 07.09.2016 for accomplishments of  compensation and got  acknowledged. Since there is no action taken by the Bank Authorities had to file the present complaint. He has lost his reputation in the public as well as in the circle of my Sabha Members. It is considered by every members of Sabha that, his contribution for charity purpose by way of issuing an invalid cheque is a mockery towards Sabha. The Complainant has lost his reputation. Hence the Complaint.

3.Written Version filed by the Opposite Parties in brief are as follows:-

 

 The Complainant is having SB Account No.003110100001534 with the 3^rd Opposite Party bank. The Complainant issued a cheque dated 20.05.2016 for a sum of Rs.5000/- in favour of Sri Ramanuja Baktha Jana Kaingarya Saba. The said Saba is having account with the 2^nd Opposite Party bank. The said cheque was presented directly by the Complainant without filling up the proper challan in the 2^nd Opposite Party bank. Thereafter the Complainant came to the 2^nd Opposite Party bank to enquire about the clearing off cheque presented by him. The 2^nd Opposite Party bank officials informed that the said cheque was not cleared because the signature of the drawer not scanned due to migration problem occurred in shifting from Software Crown to Finacle in Opposite Party bank. Thus the 2^nd Opposite Party branch officials expressed their difficulty in clearing the cheque due to reason stated above and the Complainant received the cheque in person with intention to present the cheque with the Opposite Party bank. Later the Complainant preferred complaint dated 06.06.2016 to the 3^rd Opposite Party through mail suppressing the above said facts. Eventhough there is no deficiency of service, the 3^rd Opposite Party immediately regretted the inconvenience caused to the Complainant by reply dated 07.06.2016 through mail, explaining the technical reasons. Further the 2^nd Opposite Party in order to continue their unblemished service, personally apologized to the Complainant by Letter dated 08.06.2016 through mail. Even after the prompt and proper reply given by the 2^nd and 3^rd Opposite Party, the Complainant issued a letter dated 06.07.2016 to the 1^st Opposite Party claiming compensation of Rs.2,00,000/- The 1^st Opposite Party sent reply dated 13.07.2016 to the Complainant. Ignoring all the replies sent by the Opposite Parties, the Complainant with an intention to claim compensation from the Opposite Parties issued lawyer notice dated 07.09.2016 to the 1^st Opposite Party. The Opposite Parties are not due and liable to pay a sum of Rs.2,00,000/- as compensation for retrieval of Complainant's lost reputation and dignity in the Sabha circle, for the reason that the said Cheque was returned only due to technical reasons and not due to deficiency in service. The reputation of the drawer of the cheque will not be spoiled for return of cheque due to technical reason. It is pertinent to note that the cheque was not returned to the drawee/beneficiary of the cheque with any adverse endorsement, which may cause loss of reputation as claimed by the Complainant. Hence prayed to dismiss the complaint.

4.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-8 were marked. The Opposite Parties submitted their Proof Affidavit and Written Arguments. On the side of the Opposite Parties , no document was marked.

5.     Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:

The admitted facts are that the Complainant who is holding SB Account  A/c No.003110100001534 with Indian Overseas Bank, Kodambakkam Branch had issued a cheque bearing No.470698 dated 20.05.2016 for Rs.5000/- in favour of Sri Ramanuja Baktha Jana Kaingarya Sabha. The dispute arose when the said cheque was retuned by the 2^nd Opposite Branch for the reason “No sign scanned” on the cheque as evident from Ex.A-1, without any return memo accompanying the cheque. When an e mail was sent by the Complainant vide Ex.A-2, about the denial of payment to the drawee and the lethargic and careless attitude of the officials of the bank, the 3^rd Opposite Party by its e mail dated 07.06.2016, Ex.A-3 had informed as follows;

        “Due to migration problem during Jan-2016, we have shifted to new software Finacle and hence your signature has not been captured into the system from the old crown system. But now we have scanned all your signature for your SB A/C No111534 in the present system. We assure you that from now onwards you will not face any problem in any of our branches regarding scanning of signatures.

We regret very much for the inconvenience caused to you in this regard sir.”

Further the 2^nd Opposite Party on 08.06.2016, by its e mail, Ex.A-4, had assured of taking suitable action against erring staff. The Complainant, by Ex.A-5 had addressed the issue to the 1^st Opposite Party by his letter dated 06.07.2016, which was replied vide letter dated 13.07.2016, Ex.A-6 for taking necessary action. Even after the legal notice dated 07.09.2016, there was no proper response from the Opposite parties.

The Opposite Party contended that the cheque was not cleared because during January 2016, they had shifted the software type from Old Crown system to New Finacle system, due to the said migration, the Complainant signature has not been captured into the new system from the Old Crown System, and there is no deficiency in service on their part, which was even explained by their communications dated 07.06.2016 and 08.06.2016.

The 2^nd and 3^rd Opposite Parties by their communications dated 07.06.2016 and 08.06.2016 had themselves admitted that the return of cheque was due to their mistake that the signature of the Complainant has not been captured into the system from the old crown system due to the shifting to new software. If the Opposite Parties have not scanned the Signature, the Opposite Parties should have approached the Complainant, informed him about the technical problem and thereafter cleared the cheque. Hence the act of the Opposite Parties in returning the cheque of the Complainant issued to “Sri Ramanuja Baktha Jana Kaingarya Sabha” for no fault on the part of the Complainant would amount to deficiency in service apart from causing loss of reputation in the circle of the sabha members for which the Complainant has to be compensated. Accordingly, Point No.1 is answered in favour of the Complainant.

Point No.2 and 3:

As discussed and decided Point No.1 in favour of the Complainant, the Opposite Party is liable to pay a sum of Rs.20,000/- towards the deficiency of service and mental agony caused to the Complainant and also to pay a sum of Rs.3000/- towards cost of the complaint. Accordingly, Point No.2 and 3 are answered in favour of the Complainant.

        In the result the complaint is allowed in part. The Opposite Parties are directed to  pay a sum of Rs.20,000/- (Rupees Twenty Thousand Only) towards deficiency of service and mental agony caused to the Complainant and also to pay a sum of Rs.3000/-(Rupees Three Thousand Only)  towards cost of the complaint, within 8 weeks from the date of this order, failing which the above amounts shall carry interest at the rate of 6% p.a from the date of this order till the date of payment.

In the result the Complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 8^th day of August 2022.

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	20.05.2016	Copy of Returned Cheque
Ex.A2	06.06.2016	Copy of Complainant letter to I.O.B Kodambakkam
Ex.A3	07.06.2016	Copy of Reply from I.O.B. Kodambakkam
Ex.A4	08.06.2016	Copy of Reply from I.O.B Virugambakkam
Ex.A5	06.07.2016	Copy of Complaint to G.M of I.O.B
Ex.A6	13.07.2016	Copy of Reply from G.M. I.O.B
Ex.A7	07.09.2016	Copy of Lawyer’s notice to I.O.B
Ex.A8	26.09.2016	Copy of Acknowledgement from G.M of I.O.B

 

 

List of documents filed on the side of the Opposite Parties:-

 

NIL

 

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT