NCDRC

NCDRC

RP/3798/2010

FEDERAL BANK LTD. - Complainant(s)

Versus

P. JOSE ABRAHAM - Opp.Party(s)

MR. P.I. JOSE

10 Feb 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3798 OF 2010
 
(Against the Order dated 28/04/2010 in Appeal No. 574/2004 of the State Commission Kerala)
1. FEDERAL BANK LTD.
Beemanody Branch, Hosdurg Taluk, Kasaragod District, P.O. Beemanody
Kasaragod
Kerala
...........Petitioner(s)
Versus 
1. P. JOSE ABRAHAM
Residing at Palakudiyil House, Parappa, Village, Hosdurg Taluk, Kasaragod District, P.O. Parappa
Kasaragod
Kerala
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER
 HON'BLE MRS. REKHA GUPTA, MEMBER

For the Petitioner :MR. P.I. JOSE
For the Respondent :

Dated : 10 Feb 2014
ORDER

Heard. 2. Respondent/Complainant had filed a complaint before Consumer Disputes Redressal Forum, Kasaragod (short, istrict Forum on the allegations that he is having SB A/c in Petitioner/Opposite Party Bank. On 12.4.2003, he presented a cheque for Rs.3,00,000/- with the petitioner for encashment and collection. The said cheque was drawn on Indian Bank. However, the cheque in question was neither honoured nor returned within the normal period after presentation. Thereafter, respondent sent a letter to the petitioner enquiring about the cheque and was informed that the cheque was lost in transit and it was yet to be traced out. Thereafter, respondent demanded the amount of Rs.3,00,000/- from the petitioner, which they refused to pay and asked him to obtain a duplicate cheque from the drawer. 3. Alleging deficiency, petitioner has claimed Rs.3,00,000/- towards the cheque amount along with interest @ 12% p.a. from the date of missing of the cheque and also to pay Rs.25,000/- as compensation. 4. Petitioner in its reply has taken the stand that it has not charged any amount from the respondent for sending the cheque for collection. However, it has been admitted that respondent had presented cheque for Rs.3,00,000/- for collection with it. Since cheque was lost in transit, petitioner is not liable to pay the amount and complaint be dismissed. 5. District Forum vide order dated 16.4.2004, allowed the complaint and held that respondent is entitled to a sum of Rs.3 lakhs being the cheque amount with compensation of Rs.10,000/- as well as cost of Rs.10,000/-. 6. Being aggrieved, petitioner filed an appeal before Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (short, tate Commission. 7. The State Commission vide impugned order dated 28.4.2010, partly allowed the appeal and modified the order passed by the District Forum. It set aside the order of District Forum directing the petitioner to pay a sum of Rs.3 lakhs being the cheque amount. However, the compensation amount of Rs.10,000/- was enhanced to Rs.30,000/-. 8. Not satisfied with the order of State Commission, petitioner has filed the present revision petition. 9. Since, a paltry sum of Rs.30,000/- only, is involved in the present case, under these circumstances, we are not inclined to entertain this petition in view of the decision of the Apex Court in urgaon Gramin Bank Vs. Khazani and another, IV (2012) CPJ 5 (SC), where Apex Court observed ; . Number of litigations in our country is on the rise, for small and trivial matters, people and sometimes Central and State Governments and their instrumentalities Banks, nationalized or private, come to courts may be due to ego clash or to save the Officersskin. Judicial system is over-burdened, naturally causes delay in adjudication of disputes. Mediation centers opened in various parts of our country have, to some extent, eased the burden of the courts but we are still in the tunnel and the light is far away. On more than one occasion, this court has reminded the Central Government, State Governments and other instrumentalities as well as to the various banking institutions to take earnest efforts to resolve the disputes at their end. At times, some give and take attitude should be adopted or both will sink. Unless, serious questions of law of general importance arise for consideration or a question which affects large number of persons or the stakes are very high, Courts jurisdiction cannot be invoked for resolution of small and trivial matters. We are really disturbed by the manner in which those types of matters are being brought to courts even at the level of Supreme Court of India and this case falls in that category. The Apex Court further held; 0. The Chief Manager stated in the affidavit that no bill was raised by the counsel for the bank for conducting the matter before the National Consumer Dispute Redressal Commission. We have not been told how much money has been spent by the bank officers for there to and fro journeys to the lawyersoffice, to the District Forum, State Forum, National Commission and to the Supreme Court. For a paltry amount of Rs.15000/-,even according to the affidavit, bank has already spent a total amount of Rs.12,950/- leaving aside the time spent and other miscellaneous expenses spent by the officers of the bank for to and fro expenses etc. Further, it may be noted that the District Forum had awarded Rs.3,000/- towards cost of litigation and compensation for the harassment caused to Smt. Khazani. Adding this amount, the cost goes up to Rs.15,950/-. Remember, the buffalo had died 10 years back, but the litigation is not over, fight is still on for Rs.15,000/-. 11. Learned counsel appearing for the bank, Shri Amit Grover, submitted that though the amount involved is not very high but the claim was fake and on inspection by the insurance company, no tag was found on the dead body of the buffalo and hence the insurer was not bound to make good the loss, consequently the bank had to proceed against Smt. Khazani. 12. We are of the view that issues raised before us are purely questions of facts examined by the three forums including the National Disputes Redressal Commission and we fail to see what is the important question of law to be decided by the Supreme Court. In our view, these types of litigation should be discouraged and message should also go, otherwise for all trivial and silly matters people will rush to this court. 13. Gramin Bank like the appellant should stand for the benefit of the gramins who sometimes avail of loan for buying buffaloes, to purchase agricultural implements, manure, seeds and so on. Repayment, to a large extent, depends upon the income which they get out of that. Crop failure, due to drought or natural calamities, disease to cattle or their death may cause difficulties to gramins to repay the amount. Rather than coming to their rescue, banks often drive them to litigation leading them extreme penury. Assuming that the bank is right, but once an authority like District Forum takes a view, the bank should graciously accept it rather than going in for further litigation and even to the level of Supreme Court. Driving poor gramins to various litigative forums should be strongly deprecated because they have also to spend large amounts for conducting litigation. We condemn this type of practice, unless the stake is very high or the matter affects large number of persons or affects a general policy of the Bank which has far reaching consequences. 14. We, in this case, find no error in the decisions taken by all fact finding authorities including the National Disputes Redressal Commission. The appeal is accordingly dismissed with cost of Rs.10,000/- to be paid by the bank to the first respondent within a period of one month. Resultantly, the Bank now has to spend altogether Rs.25,950/- for a claim of Rs.15,000/-, apart from to and fro travelling expenses of the Bank officials. Let God save the Gramins. 10. Above quoted observations of the Apex Court, with all force are fully applicable to the fact and circumstances of the present case. 11. Under these circumstances, as a paltry amount of Rs.30,000/- only is involved, we are not inclined to entertain this revision. The question of law raised in this petition, is kept open to be decided in an appropriate case. With these observations, present revision petition stands disposed of. 12. Dasti in addition.

 
......................J
V.B. GUPTA
PRESIDING MEMBER
......................
REKHA GUPTA
MEMBER

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