Tamil Nadu

South Chennai

CC/82/2016

M/s.S.Senthil Velan - Complainant(s)

Versus

M/s.Syndicate Bank, Chintadripet Branch - Opp.Party(s)

M/s.Palani and G.P.Gothandaraman

07 Sep 2022

ORDER

Date of Complaint Filed : 11.02.2016

Date of Reservation      : 11.08.2022

Date of Order               : 07.09.2022

 

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. 82/2016

WEDNESDAY, THE 7^th DAY OF SEPTEMBER 2022

Mr.S.Senthilvelan,

Proprietor, M/s Keerthana Communications,

Old No.55, New No.115,

Swami Naicken Street,

Chintadripet,

Chennai – 600 002.                                                          ... Complainant              

 

..Vs..

Syndicate Bank,

Chinadripet Branch,

Rep. by its Senior Manager,

Door No.4, Dams Road,

Chintadripet,

Chennai – 600 002.                                                      ...  Opposite Party

 

******

Counsel for the Complainant          : M/s. D.Palani

Counsel for the Opposite Party       : M/s. S.R.Sumathy

 

        On perusal of records and after having treated the written arguments as oral arguments of the Opposite Parties, 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 Party under section 12 of the Consumer Protection Act, 1986 and prays to direct the Opposite Party to pay a sum of Rs.5000/- towards the debit dated 04.12.2015 in respect of the dishonoured cheque and directing the Opposite Party to pay a sum of Rs.1,00,000/- towards the hardship, mental agony and stress caused to the Complainant on account of the gross negligence and serious deficiency in service and direct the Opposite Party to pay a sum of Rs.2,00,000/- towards losses sustained by the Complainant.

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

The Complainant is carrying on business under the name and style of M/s.Keerthana Communications and the nature of business is selling SIM Cards of various telecom operators, recharging and top up of mobile users, selling mobile accessories and incidental business. The income derived from the said business is only source of livelihood. The Complainant has an account in the Opposite Party bank in the name of Keerthana Communications vide account No.60611400000047. The Opposite Party has provided overdraft facility in the said account. On 03.12.2015 the Complainant in the normal course of business dealings with Bharath Telecom issued a cheque bearing No.102126 dated 03.12.2015 drawn on the Opposite Party bank in favour of the said Bharath Telecom for a sum of Rs.5000/-.  The Cheque when presented by Bharath Telecom on 04.12.2015 was returned as dishonoured.  The Complainant had overdraft facility with the Opposite Party bank and hence the dishonour would have been erroneously done and the Complainant asked the Bharath Telecom to represent the cheque. Bharath Telecom once again represented the cheque on 09.12.2015 and once again a sum of Rs.5000/- was debited from the Complainant’s account. However the cheque was again dishonoured and returned. Bharath Telecom had obtained the amount on account of dishonour by cash from the Complainant and had consequently severed all business dealings from the Complainant and the Complainant suffered serious loss in the business. The Opposite Party had dishonoured the cheque despite availability of overdraft facility within the sanctioned limits and that to after deducting the said amount from the Complainant’s account. The Opposite Party has failed and neglected to take reasonable care in handing cheques issued by the Complainant which amounted to negligence and serious deficiency in service. Hence the complaint.

3. Written Version filed by the Opposite Party in brief is as follows:-

The cheque bearing No.102126 dated 03.12.2015 drawn on the Opposite Party issued by M/s.Keerthana Communications in favour of Bharath Telecom was deposited on 03.12.2015 with Indian Bank, Clock Tower Branch, Royapettah, Chennai. It was presented by Bharath Telecom on 04.12.2015 with Indian Bank, Clock Tower Branch, Royapettah, Chennai, who had sent to the Opposite Party for clearing. In turn the Opposite Party verified with its Central account office, T Nagar and ascertained that the cheque was passed and paid on 04.12.2015. Inadvertently the cheque was handed over to Bharath Telecom as returned in clearing by Indian Bank, Clock Tower Branch, Royapettah, Chennai. Hence Bharth Telecom informed to the Complainant that the cheque was returned without knowing that the passed cheque was returned after payment. The Complainant without knowing of the passing of the cheque had again requested the Bharath Telecom to represent the cheque, hence Bharath Telecom represented the cheque on 08.12.2015 which was again sent for clearing on 09.12.2015.  The Central Accounts Office, Syndicate Bank, T Nagar informed that already the cheque was paid on 04.12.2015 as evident from the statement of accounts of Mrs. Keerthana Communications. The Opposite Party clearly explained to the Complainant about the debit and credit made in respect of cheque No.102126 dated 03.12.2015 to the Complainant. Hence there is no deficiency of service on the part of the Opposite Party. Hence the complaint is to be dismissed.

4.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-3  were marked. The Opposite Party submitted his Proof Affidavit and Written Arguments. On the side of the Opposite Party documents Ex.B-1 to Ex.B-7, were marked.

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 Complainant is maintaining an account bearing account No.60611400000047 in the name of M/s. Keerthana Communication with the Opposite Party Bank. The contention of the Complainant was that carrying his business in the name and style of M/s.Keerthana Communications involving in selling SIM cards of various telecom operators mobile recharging and top up of mobile users, selling mobile accessories and incidental business which is only source of his livelihood. The Complainant contended  that Bharath Telecom used to engage the services of the Complainant for providing top up customers in respect of their mobile services. The Complainant used to pay the said Bharath telecom by issuing cheque periodically in respect of top ups providers to his customers. During the normal course of dealing the complainant had issued a cheque bearing No.102126 dated 03.12.2015 drawn on the Opposite Party Bank in favour of Bharath Telecom for a sum of Rs.5000/-. When the Cheque was presented for realisation on 04.12.2015 by Bharath Telecom, though a sum of Rs.5000/- was debited from the Complainant’s account simultaneously has returned the cheque as dishonoured. Bharath Telecom had contacted the Complainant and found fault with the Complainant for allowing the cheque to be dishonoured. The Complainant had asked the Bharath Telecom to represent the cheque, again the cheque was represented on 09.12.2015 which was again dishonoured and returned. Bharath Telecom had received a sum of Rs.5000/- on 10.12.2015 from the Complainant and returned the cheque to the Complainant.

        The contention of the Opposite Party was that the cheque bearing No.102126 dated 03.12.2015 drawn on the Opposite Party bank in favour of Bharath Telecom was deposited on 03.12.2015 with Indian Bank, Clock Tower Branch, Royapettah and the cheque was passed and the cheque amount was paid on 04.12.2015. but inadvertently the cheque was returned to the Bharath Telecom without knowing that the cheque was passed after payment. On request from the Complainant the cheque was again represented by the Bharath Telecom on 08.12.2015 and it was informed that the cheque was paid already on 04.12.2015.

        A perusal of the statement of account dated 10.12.2015, Ex.A-2 would reveal that the cheque bearing No.102126 drawn in favour of Bharath Telecom was presented on 04.12.2015 and a sum of Rs.5000/- has been debited form the Complainant’s account. It is seen that there is sufficient balance in the account of M/s.Keerthana Communications. However the cheque has been returned, which was again represented on 09.12.2015  and the same was returned as already paid.  As could be seen from Ex.B-5, though the contention of the Opposite Party was that the cheque in issue presented by Bharath Telecom was cleared on 04.12.2015 inadvertently the cheque was returned by the Opposite Party Bank, it is evident that the Complainant had paid a sum of Rs.5000/- to Bharath Telecom towards the return of cheque No.102126 dated 03.12.2015 as found in Ex.A-3. It is obligatory on the part of the Opposite Party to be diligent while discharging its services to the customers. The act of the Opposite Party in returning the cheque as dishonoured in spite of sufficient funds in the Complainants account and there after pleading that it was due to their inadvertence amounts to gross negligence and deficiency in services. The Complainant made to suffer due to the irresponsible act of the Opposite Party.

        In view of the  foregoing discussions this Commission is of the view that the Opposite Party had committed deficiency of service causing loss and mental agony to the Complainant which has to be compensated. Accordingly, Point No.1 is answered in favour of the Complainant.

Point Nos.2 and 3:-

        As discussed and decided in Point No.1 the Opposite Party is liable to pay a sum of Rs.25000/- towards compensation for the deficiency in service and mental agony caused to the Complainant along with cost of Rs.5000/-. The Complainant is not entitled for any other reliefs. Accordingly, point Nos.2 and 3 are answered.

In the result the complaint is allowed in part. The Opposite Party is directed to pay a sum of Rs.25000/- (Rupees Twenty Five Thousand Only) towards compensation for the deficiency in service and mental agony caused to the Complainant along with cost of Rs.5000/-(Rupees Five Thousand Only), within 8 weeks from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 6% p.a from the date of receipt 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 7^th of September 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	03.12.2015	Copy of Cheque Drawn At Opposite Party bank bearing No.102126
Ex.A2	10.12.2015	Copy of Statement of accounts given by Opposite Party
Ex.A3	10.12.2015	Copy of Receipt issued by Bharath Telecom

 

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

 

Ex.B1	03.12.2015	Copy of Cheque drawn on Syndicate Bank, Chindripet, Chennai bearing No.102126 issued by the Complainant to Bharath Telecom for Rs.5000/
Ex.B2	11.12.2015	Copy of Letter by M/s Keerthana Communication addressed to Manager, Chindatripet, Chennai.2
Ex.B3	09.12.2015	Copy of Memo issued by Indian Bank, Clock 3, Tower Branch, Royapettah, Chennai
Ex.B4	10.12.2015	Copy of Statement of Accounts of Indian BankA/c No.6195322192 of Bharath Telecom (sent by Complainant toRespondent Bank)
Ex.B5		Copy of Statement of Accounts of Syndicate Bank, Chindatripet, Chennai of M/sKeerthanaCommunication A/c No.60611400000047
Ex.B6	-	Copy of Letter of Syndicate Bank, T.Nagar, Chennai.17 to Syndicate Bank,Chindatripet
Ex.B7	-	Copy of Cheque No. 102126-Clearing details

 

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT