(Per Hon’ble Shri Dhanraj Khamatkar, Member)
(1) This appeal takes an exception to an order dated 02/07/2009 in Consumer Complaint No.174/2008, Mr.Nilesh Vashantbhai Pokar vs. The Branch Manager, Baner Branch, Axis Bank, passed by District Consumer Disputes Redressal Forum, Pune (‘District Forum’ in short).
(2) The facts leading to this appeal can be summarized as under:-
The complainant presented a cheque amounting to `4,94,350/- on 02/05/2008 in the opponent bank for depositing in his account. As the amount of the cheque was not credited in the amount of the complainant, he has written a letter dated 17/05/2008. The opponent by a letter dated 20/05/2008 informed the complainant that the counter slip presented by the complainant in support of depositing the cheque is un-authenticated. In the same letter, the opponent has informed to the complainant that the cheque was routed through Andhra Bank, Ghole Road branch and the cheque was cleared by Pune People Co-op. Bank, Model Colony Branch. The complainant approached to the Pune People Co-op. Bank, Model Colony Branch, which told to the complainant that the cheque is cleared and the cheque was drawn in favour of Nilesh R. Pokar. The complainant had produced the Xerox copy of the said cheque.
(3) The complainant requested the opponent bank to credit the amount of the cheque in his account along with interest @12% p.a. by his letter dated 29/05/2008. The opponent bank informed the complainant that the said cheque appeared to have been misplaced and the matter is referred to the Zonal Office. As the complainant has not received the credit of the cheque alleging the same as deficiency in service on the part of the opponent, he has filed the complaint with prayers to direct the opponent to pay an amount of `4,94,350/-along with interest @12% p.a. from 04/05/2008 till the realization thereof and compensation of `10,000/-.
(4) On behalf of the opponent bank, the advocate appeared and sought time for filing written version. Thereafter, none appeared for the opponent bank and hence the opponent was proceeded ex-parte by order dated 08/04/2009.
(5) The complainant was directed to file evidence on affidavit and accordingly he filed the same.
(6) The District Forum after going through the complaint and the evidence filed by the complainant and the pleadings of the advocate came to the conclusion that there is deficiency in service on the part of the opponent bank and passed an order allowing the complaint partly directing the opponent to pay an amount of `4,94,350/- along with interest @9% p.a. from 06/05/2008 till realization. The said amount was directed to be paid within two months. Aggrieved by the said order, the opponent bank has preferred this appeal.
(7) We heard Adv.Bamane for the appellant bank and Adv.D.G.Sant for the respondent. Admittedly, the respondent relied on the counter slip dated 02/05/2008. The appellant bank firstly claimed that the counter slip presented by the respondent is an un-authenticated. However, subsequently there is deviation in the stand of the appellant bank. The appellant bank in their reply dated 28/05/2008 to the respondent stated that the cheque appears to have been misplaced and the matter was referred to Zonal Office. It proves that the cheque in question is duly received by the bank. However, the amount of the said cheque is not credited in the account of the respondent.
(8) Further, from the certificate dated 17/05/2008 issued by the Pune People Co-op. Bank, Model Colony Branch, it is clear that the said cheque was drawn on the said bank by Andhra Bank, Ghole Road Branch and the said cheque has been honoured in favour of Nilesh R. Pokar. The name of the complainant and the person who has been paid the amount is same, except the name of the father. It is proved beyond doubt that the amount of the cheque has been paid to the person in whose name the cheque was not drawn and the respondent has not received the credit of the amount of the cheque.
(9) Similarly, in the letter dated 20/05/2008, the respondent was informed by the appellant that they have approached to the Andhra Bank and had sought details of the cheque and the account in which the same has been deposited. However, the appellant has not pursued the matter with the Andhra Bank. It is very strange to see that the cheque presented to the appellant bank by the respondent sent to the Andhra Bank. Appellant bank was required to enquire into the matter. However, the appellant bank has not taken any steps. Not only this, the appellant bank has not contested the complaint before District Forum even though duly served. This reflects the unresponsive attitude of the appellant bank. Thus, the appellant bank is deficient in providing service to the respondent. The District Forum after going through the facts of the case passed the order and we do not find any jurisdictional error or illegality in the order passed by the District Forum. There is no substance in the appeal. We hold accordingly and pass the following order.
ORDER
(1) Appeal stands dismissed.
(2) Impugned order dated 02/07/2009 in Consumer Complaint No.174/2008 passed by District Forum, Pune is hereby confirmed.
(3) The appellant to bear its own costs and shall pay costs of `30,000/- to the respondent.
(4) Inform the parties accordingly.
Pronounced on 24th September, 2013.
