District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.44/2020.

 Date of Institution: 17.01.2020

Date of Order: 06.01.2023.

Mr. Aman S/o Shri Man Mohan Garg, r/o House No. 169, Brahman Wara, Opposite Badri Halwali, Main Bazar, Ballabgarh, District Faridabad.

                                                                   …….Complainant……..

                                                Versus

Oriental Bank of Commerce, Branch – Mohna Road, Ballabgarh – 121004 through its Branch Manaager.

                                                                   …Opposite party……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana………….Member.

PRESENT:                   Sh.  Yashpal Yadav,  counsel for the complainant.

                             Sh.  M.P.Dagar, counsel for opposite party.

ORDER:  

                   The facts in brief of the complaint are that  the complainant was having saving account No. 00882191052651 with opposite party since long.  The complainant had obtained cheque book from the opposite party for business and personal banking transactions.  The complainant had issued cheque No. 107383 dated 17.04.2018 of Rs.11,250/- to M/s. Madhu  Sudhan Textiles, M/s. Madhu Sudhan Textile being the holder of the said cheque, presented the said cheque on 20.04.2018 but due to the some unexpected reason said cheque was bounced.  M/s. Madhu Sudhan Textiles immediately approached to the complainant and the complainant  got shock when came to know that despite the sufficient funds/balance in his bank account the cheque had got bounced.    The complainant immediately approached to the Branch Manager of the opposite party and got statement of account from the bank then the complainant came to know that some fishy and un-authorized transaction was done from the account of the complainant through cheque No. 107383 in account of some un known Pappu Singh.  The complainant immediately asked the Bank Manager about the said un-authorized transaction in the account of Pappu Singh and shows all the relevant papers to the branch Manager but the branch Manager refused to accept the mistake done at the hands of the bank.  It was crystal clear from the perusal of the statement account of the complainant  that an amount of Rs.7276/- was debited from the account of the complainant through cheque No. 107383 in the name of Pappu Singh.  The complainant neither signed and issued cheque NO. 107383 in favour of Pappu Singh because the complainant nor known to Pappu Singh.  In the preceding para, it had already been mentioned that cheque No. 107383 had issued by the complainant in favour of M/s. Madhu Sudhan Textile.  After the dishonourment of the cheque No. 107383 dated 17.04.2018, the complainant after make the payment worth the cheque amount got original cheque from M/s. Madhu Sudhan Textiles. The complainant sent legal notice  dated 02.08.2018 to the opposite party but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite parties to:

a)                make the payment of Rs.7,246/- against unauthorized transaction.

 b)                pay Rs. 4,00,000/- as compensation for causing mental agony and harassment .

c)                 pay Rs. 11,000 /-as litigation expenses.

2.                Opposite party   put in appearance through counsel and filed written statement wherein Opposite party  refuted claim of the complainant and submitted that  due to inadvertence or bonafide mistake the then parent branch i.e Punjab National  Bank, AVPS, Ballabgarh of M/s. Madhu Sudhan Textile booked the wrong order of the cheque No. 107383 and sent to its service branch, who in turn sent it to the branch of the  Oriental Bank of Commerce, who debited the amount of Rs.7246/- in the name of one Papu from the account of the complainant.  Thereafter, the complainant lodged the complaint before the opposite party , who lodged complaint for the return of the amount of Rs.7246/- and after return of the amount of Rs.7246/- the same were credited in the account of the  complainant on 06.08.2020 against cheque No. 107383 dated 20.04.2018.  The above bonafide mistake was on the part of parent branch of M/s. Madhu Sudhan Textile to whom the complainant issued the cheque No. 107383 dated 20.4.2018 and not on the part of the opposite party. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.

3.                The parties led evidence in support of their respective versions.

4.                We have heard learned counsel for the parties and have gone through the record on the file.

5.                In this case the complaint was filed by the complainant against opposite parties– Oriental Bank of Commerce  with the prayer to: a)          make the payment of Rs.7,246/- against unauthorized transaction.  b) pay Rs. 4,00,000/- as compensation for causing mental agony and harassment . c)  pay Rs. 11,000 /-as litigation expenses.

                   To establish his case the complainant  has led in his evidence,  EX.CW1/A – affidavit of Aman, Ex.C-1 – photocopy of cheque dated 17.04.2018 for Rs.11,250/-,, Ex.C-2 – Outward Cheques Inquiry, Ex.C-4 – postal receipt.

On the other hand counsel for the opposite party strongly agitated and

opposed.  As per the evidence of the opposite party Ex.RW1/A -  affidavit of  Annu Aggarwal, Branch head, Oriental Bank of Commerce  (now known as Punjab National Bank) Mohna road, Ballabgarh, District Faridabad, Ex.R-1 – Account ledger report 1.4.2018 to 28.11.2020.

6.                After going through  the evidence led by both the parties, the Commission is of the opinion that due to inadvertence or bonafide mistake the then parent branch i.e Punjab National National Bank, AVPS, Ballabgarh of M/s. Madhu Sudhan Textile booked the wrong order of the cheque No. 107383 and sent to its service branch, who in turn sent it to the branch of the  Oriental Bank of Commerce, who debited the amount of Rs.7246/- in the name of one Papu from the account of the complainant.  Thereafter, the complainant lodged the complaint before the opposite party , who lodged complaint for the return of the amount of Rs.7246/- and after return of the amount of Rs.7246/- the same were credited in the account of the  complainant on 06.08.2020 against cheque No. 107383 dated 20.04.2018. Keeping in view of the above, the Commission is of the opinion that no doubt  opposite party has harassed the complainant mentally.  Hence, opposite party is negligent on their part.  Deficiency of service is proved. . Hence the complaint is disposed off qua the harassment & litigation charges.

7.                Opposite party is directed to pay Rs.5500/- as compensation for causing mental agony and harassment. Opposite party is also directed to pay Rs.5500/- as litigation expenses to the complainant. Compliance of this order  be made within 30 days from the date of receipt of copy of this order.  Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.

Announced on:  06.01.2023                                 (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                         (Mukesh Sharma)

                Member

          District Consumer Disputes

                                                                               Redressal Commission, Faridabad.

                                                           (Indira Bhadana)

                Member

          District Consumer Disputes

                                                                             Redressal Commission, Faridabad.