DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANSA. Complaint No.145/15.9.2008 Decided on : 09.03.2009 Smt. Promila W/o Sh. Bharat Lal resident of Budhlada, Proprietor M/s Shanti Textiles, Near Ram Leela Ground, opposite Indira Gandhi College, Budhlada, District Mansa. ..... Complainant. VERSUS Punjab National Bank, Surat (Gujarat) through its Manager. ..... Opposite Party. Complaint under Section 12 of the Consumer Protection Act, 1986. ..... Present: Sh. Jatinder Kumar, Advocate counsel for the complainant assisted by Sh.Ranjit Singh, Advocate.. Opposite party exparte. Quorum: Sh. P.S.Dhanoa, President. Sh. Sarat Chander, Member. Smt. Neena Rani Gupta, Member. ORDER:- Sh.P.S.Dhanoa, President. Smt. Promila wife of Sh. Bharat Lal resident of Budhlada, District Mansa, proprietor of M/s Shanti Textiles has filed the intant complaint under Section 12 of the Consumer Protection Act, 1986 (in short called the 'Act') against the Punjab National Bank, Surat (Gujarat) for grant of compensation in the sum of Rs. 2,00,000/- on the averments which may be briefly be described as under: 2. that complainant is running a shop at Budhlada in the name and style of M/s Shanti Textiles, Near Ram Leela Ground in front of Indira Gandhi College and she has opened bank account no. 127802000000815 Contd........2 : 2 : with Centurion Bank of Punjab Ltd. at Budhlada. The complainant placed an order for purchase of cloth with M/s Ambaji Fashion, Surat (Gujarat) and issued a post dated cheque in the sum of Rs. 20,000/- in favour of the said firm. The cheque delivered by the complainant was deposited with the opposite party by the drawee. The opposite party sent the cheque to the bankers of the complainant for collection of the amount, but the same was returned by her bankers to the opposite party with the remarks that it is pre-mature, as such, it cannot be encashed before date fixed there on i.e. 22.8.2008. The bankers of the complainant, returned the cheque to the opposite party, who with malafide intention and to cause damage to her reputation, returned the same to the drawee with the returning memo bearing the remarks 'insufficient funds', although more than a sum of Rs. 1,00,000/- was lying in the account of the complainant on the date the cheque was returned by her bankers. Due to dishonor of the cheque in question, the cloth for which order was placed by the complainant was not sent by M/s Ambaji Fashion, Surat and the complainant felt humiliated and embarrassed, as such, there is deficiency in service on the part of the opposite party for which she is liable to pay compensation and costs incurred for filing the complaint. 3. Notice of the complaint was given to the opposite party, but opposite party was proceeded against exparte vide order dated 17.12.2008. 4. In exparte evidence the counsel for the complainant tendered in evidence affidavits Ext C-4 & C-5, photo copies of documents Ext. C-1 to C-3 and C-6 and has close the evidence. 5. We have heard the learned counsel for the complainant and gone through the oral and documentary evidence, adduced on record, by her, carefully, with the kind assistance of counsel for the complainant. 6. As projected in the complaint, the complainant is maintaining Account No.127802000000815 with Centurion Bank of Punjab at Budhlada and no bank account with Punjab National Bank at Surat in State Contd........3 : 3 : of Gujarat. The plea of the complainant is that she issued a post dated cheque in the sum of Rs.20,000/- on her account maintained with Centurion Bank of Punjab in favour of M/s Ambaji Fashion, Surat (Gujarat), which on presentment, for collection, by the drawee, through the opposite party, was dishonoured, by her bankers, on the ground that it is pre-mature, but the opposite party sent the intimation to the drawer of the cheque bearing remarks, that cheque has been dishonoured by the bankers on the ground of 'insufficiency of funds' in her account maintained with Centurion Bank of Punjab. As such, the complainant is not consumer under the opposite party and for that reason she has no locus standi to file the complaint against the opposite party within the ambit of its definition given in the Act and her complaint is not maintainable. Moreover, the complainant has not produced on record the memo issued by her bankers for the reasons best known to her. From the conduct of the complainant, it appears, that she has withheld the said material document and have filed the instant complaint with some material object. 7. At the stage learned counsel for the complainant has argued that the cheque issued by the complainant is a multi city cheque, amount of which can be collected through the account maintained by the drawee and bankers of the drawers both may debit their account for their facility, as such, it cannot be said to be without consideration. 8. We do not find merit in the argument advanced by the learned counsel for the complainant because it is not her case that drawer of the cheque has sent the same for collection to her bankers at Mansa through the opposite party. The complainant has no concern with the account maintained by the drawee of the cheque with the opposite party. The mere fact that amount is deducted for collection or dishonoured the cheque by the bankers of the drawee and complainant for collection of amount of multicity cheque, does not mean that complainant is a consumer under the bankers of the drawee. In the absence of consideration no liability can be Contd........4 : 4 : fastened upon the opposite party by this Forum, although the complainant may avail any other remedy open to her including the criminal liability, if she feels aggrieved by the return of the cheque to the consigner giving wrong remarks by her bankers. 9. In the light of our above discussion, we dismiss the complaint and leave the complainant, to avail any other remedy open to her against the opposite party, However, she will have the right to seek exclusion of time spent for the period her complaint remained pending before this Forum, as permissible, under Section 14 of the Indian Limitation Act, 1963. 10. The copies of the order be supplied, to the parties, free of costs, as permissible, under the rules. File be indexed and consigned to record. Pronounced: 09.03.2009 Neena Rani Gupta, Sarat Chander, P.S.Dhanoa, Member. Member. President.
