Punjab

Ludhiana

CC/17/8

Munish Gupta - Complainant(s)

Versus

Oriental Bank of Commerce - Opp.Party(s)

Naresh Kumar Adv.

01 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

Consumer Complaint No. : 08 of 03.01.2017

   Date of Decision        :  01.08.2017

 

Munish Gupta son of Shri Manjit Rai Gupta, resident of House No.B-34-1350/34, Inder Nagar Colony, Near Malhi Farm House, Ludhiana.

….. Complainant

Versus

Oriental Bank of Commerce, Feroze Gandhi Market, Ludhiana, through its Branch Manager.

…Opposite party

 

          (Complaint U/s 12 of the Consumer Protection Act, 1986)

 

 

QUORUM:

SH.G.K.DHIR, PRESIDENT

SH.PARAM JIT SINGH BEWLI, MEMBER

 

COUNSEL FOR THE PARTIES:

 

For complainant               :         In person

For OP                             :         Ex-parte

 

PER G.K DHIR, PRESIDENT

 

1.                           Complainant holds saving bank account No.06862010027840 with OP bank for the last many years. Complainant presented cheque No.259034 dated 22.5.2016 drawn on United Bank of India, Rishi Nagar Branch, Opposite Kali Temple, Hambran Road, Ludhiana with OP  on 25.5.2016. That cheque was issued by Sh.Amarjit Singh Bedi. However, OP returned the original cheque along with dishonouring memo dated 30.5.2016 to the complainant through registered letter dated 20.9.2016, but by that time, validity period of three months of the cheque stood elapsed. That validity period of the cheque was up to 21.8.2016. Registered post containing said cheque was received by the complainant on 21/22/9/2016. Before that no intimation regarding dishonouring of the cheque in any manner was conveyed to the complainant. So, it is claimed that Op was deficient in providing services and it adopted unfair trade practice, due to     which, complainant suffered financial loss because he could not claim the amount of cheque from the person, who issued the same and nor could take any action against him on this account. Compensation for mental harassment and agony of Rs.90,000/- and litigation expenses of Rs.5000/- more claimed in addition to refund of cheque amount of Rs.4000/-.

2.                 OP is ex-parte in this case.

3.                 Complainant to prove his case tendered in evidence his affidavit Ex.CA along with documents EX.C1 to Ex.C6 and then closed the evidence.

4.                 Written arguments not submitted. Oral arguments alone addressed by complainant and those were heard. Records gone through minutely. 

5.                 Cheque in question in original produced on record as Ex.C4, but the copy of same produced on record as Ex.C1. This cheque is of date 22.5.2016 and is of amount of Rs.4000/- drawn in favour of complainant Munish Gupta. Validity period of cheque certainly is three months and as such, validity of the same was to elapse on 21.8.2016. Complainant presented the cheque for encashment on 26.5.2016, but the same was not encashed, due to insufficiency of funds as disclosed by contents of Ex.C2. Even if the dishonouring of the cheque took place on 26.5.2016 due to insufficiency of funds as disclosed by contents of Ex.C2(a letter dated 30.5.2016), but despite that intimation was sent to the complainant through registered cover Ex.C6 by dispatching the same through registered post on 20.9.2016. Stamp of Indian Post with date of dispatch as 20.9.2016 is there on Ex.C6 and as such, certainly submissions advanced by the complainant has force that intimation regarding dishonouring of the cheque was sent to him after       lapse of the validity period of the cheque in question. Delay in intimation of about 28 days certainly caused financial loss to the complainant because he could not have taken action against Amarjit Singh Bedi, who issued the cheque. As the complainant suffered loss of Rs.4000/- i.e of the cheque amount, due to deficient services provided by Op and as such, OP liable to reimburse this amount of Rs.4000/- to the complainant on equitable consideration. This amount must be reimbursed by OP to the complainant within specified period of 30 days of receipt of copy of this order, failing which, Op must be made liable to pay interest @7% per annum from the date of complaint till payment. As complainant suffered due to fault of OP and as such, issue of such direction is essential, so that such deficient services not provided by OP to the complainant or anybody else holding saving bank account like Ex.C1. Complainant suffered mental harassment and agony due to such deficient services on the part of OP and as such, he is entitled for compensation as well as litigation expenses.

6.                 As the complainant has specifically undertaken through para no.3 of the complaint as well as through submitted affidavit that he could not claim the amount from the person, who issued the cheque and nor to take any action against him due to deficient services provided by OP and as such, relief granted by keeping in view these assertions. However, in case complainant able to recollect the cheque amount of Rs.4000/- from Amarjit Singh Bedi above said, then complainant will be liable to refund the received amount to OP on production of proof qua the success of claim of the complainant against said Amarjit Singh Bedi. Issue of these directions are essential, so that complainant may not get undue benefit by way of unjust enrichment.

7.                 Therefore, as a sequel of the above discussion, complaint allowed ex-parte in terms that OP will pay Rs.4000/- to complainant, being the amount of cheque, validity of which stood elapsed due to deficiency in service on the part of OP. Besides, compensation for mental harassment of Rs.4000/- and litigation expenses of Rs.2000/- more allowed in favour of complainant and against OP. Payment of principal amount of Rs.4000/-(cheque amount) be made within 30 days from the date of receipt of copy of this order, failing which, OP will be liable to pay interest @7% per annum from the date of complaint namely 3.1.2017 till payment. Compliance of directions of payment of awarded compensation amount and litigation expenses be made within 30 days from the date of receipt of copy of this order. Copies of order be supplied to parties free of costs as per rules.

8.                 File be indexed and consigned to record room.

 

 (Param Jit Singh Bewli)                                     (G.K.Dhir)

 Member                                                              President

Announced in Open Forum

Dated:01.08.2017

Gurpreet Sharma.