Jharkhand

Bokaro

CC/16/62

Bindu Devi - Complainant(s)

Versus

Pawan Kumar, Baranch Manager, State Bank of India - Opp.Party(s)

D.N Ray

19 Mar 2019

ORDER

Complainant Bindu Devi W/o Sri Manoj Kumar Sharma has filed this complaint for a claim of Rs. 19,00,000/- as compensation for harassment and Rs. 50,000/- as litigation cost.

2          The case of the complainant in short is that Manjo Kumar Sharma W/o of the complainant has a saving Bank Account in the State Bank of India Chandrapura Branch and on 21.01.2015 complainant along with her husband submitted an application before the Branch Manager to convert the Saving Bank Account of the husband into a joint account with facility of withdrawal amount by their joint signature. It is further alleged that the husband of the complainant is a coal merchant and used to away from the home town and for this purpose and for necessary expenses her husband had given her 6 bank cheques bearing No. 536113, 536114, 536116, 536117,  536118 and 536119. It is further alleged that the cheques were lost during marketing on 19.09.2015 and the complainant immediately reported to the Bank and requested to cancel all the above cheques.

            It is further alleged that one Sanjay Kumar Singh has pressed all the above cheques in the bank between 30.10.2015 to 06.04.2016 but the cheques were returned with memo as “insufficient fund” and also drawer signature is incomplete.  In this way the O.P. prepared forged and fabricated paper and later Sanjay Kumar Singh has filed 3 criminal complaint copy for dishonoured of cheqeus having C.P. No. 64/2016, 156/2016 and 312/20156 claiming of Rs. 31,50,000/- and hence this case.

3          Following documents have been filed by the complainant in support:-

Anx-1 Photo copy of application to O.P.

Anx-2 and 2/1 Photo copies of the Pass book of joint account and single

            account.

Anx-3 to 3/5 Photo copies of 6 cheques dt. 30.10.2015, 30.11.2015,

           30.12.2015, 30.01.2016, 26,02.2016 and 30.03.2016.

Anx-4 Photo copy of legal notice.

4          Complainant herself examined as witness on affidavit

5          O.P. appeared and filed W.S. it is submitted that the case is not maintainable because the complainant has not come up with clean hand and suppressed the material facts.

            It is submitted that the complainant is bad for misjoinder or non joinder of necessary parties the subject is related to one  Sanjay Kumar Singh who was business partner of the husband of the complainant. It is further submitted the husband of the complainant Manoj Kumar Sharma has issued 6 cheques as mentioned in favour of Sanjay Kumar Singh in presence of Village Panchayat on 18.09.201 and on the very next day on 19.09.2015 the complainant and her husband submitted an application to O.P. for cancellation of cheques on account of being lost. There is no information to the Police regarding lost of the cheques which shows the intention of the complainant as well as her husband. Since  because the cheques bearing signature of only Manoj Kumar Singh husband of the complainant before making application converting saving bank account of Manoj Kumar Sharma into joint account with the complainant. Lost story have been made before the O.P. In fact, the Branch Manager cannot cancel the cheque, it is the duty of the complainant to stop payment or cancel herself the cheques, therefore, there is no deficiency in the part of the O.P. Bank.

6          Following document have been filed by the O.P. in support:-

Anx-A Copy of the application  of the complainant and Manoj Kumar Sharma

         regarding information of lost.

Anx-B- Copy of the Panchayat order dated 18.08.2015 and agreement between

           the Sanjay Kumar Singh and Manoj Kumar Sharma.

Anx-C to C/2 Copies of the judgment of C.P. No. 64/2016, 156/2016 and

            312/20156.

                                                            F I N D I N G S

7          We perused the record. The complainant is a joint holder of the Saving Bank Account in the O.P. Bank, therefore, she is a consumer and the dispute is a consumer dispute.

8          Having going through the Anx-A, B and C filed by the O.P., it is Cristal clear that the complainant has suppressed the material fact before Forum and she has not come up with clean hand. On 18.08.2015 a Panchayat was held between husband of the complainant Manoj Kumar Sharma and Sanjay Kumar Singh  in whose favour, the alleged 6 cheques which were mentioned in the complaint petition are issued with the Panchayat Judgment, by which all the 6 cheques were given by Manoj Kumar Shamra to Sanjay Kumar Singh in consideration for settlement  of the dispute between both the parties. Immediately on 19.09.2015 Manoj Kumar Sharma along with complainant went to the branch and prayed for converting the S.B. Account of her husband Manoj Kumar Sharma into a joint account with facilities to withdrawn the amount by signature of both.  The story of lost of cheques by complainant is also not proved as no FIR or Sanha has been lodged before the Police. Therefore, this is apparent on the face of the record on the basis of the documents submitted by the O.P. that there is no cause of action arose for the complainant to file this complaint before this Forum and complaint has been filed with malafied intention and there is no deficiency on the part of the O.P. accordingly this complaint is dismissed without merit.

9          Further on the basis of the above reason, this case is frivolous and vexatious , therefore, U/s 26 of C.P. Act the complainant is directed to pay cost of Rs. 500/- (Rs. Five hundred) only to the O.P. Bank within 30 days of this order.

            O/c is directed to deposit the record in the record room.