The case of the complainant in brief is that complainant is a small business man carries his furniture business under the name and style “M/s. Tarama Furniture” for his livelihood by means of self employment.
The complainant took a cash credit loan from the O.P. Punjab National Bank, Dasghara Branch, amounting to Rs.5,00,000/- bearing loan account No.0641008700051262. On 25.6.2014 the complainant received a loan statement from the O.P. Bank wherefrom it was seen that a havoc amount of Rs.2,95,710/- was debited on 20.6.2014 from the complainant’s account against cheque No.759793 to one Raghumani Pattni. But is it interesting thing that complainant did not issued the questioned cheque No.759793 neither said Raghumani Pattni nor anybody and the said cheque leaf is still with the custody of the complainant. Furthermore said Raghumani Pattni is unknown to this complainant.
Immediately on 26.6.2014 the complainant lodged a complaint before the O.P. Bank with a request to credit the said amount to his account again. Thereafter on 23.7.2014 he sent a letter through his Advocate. In reply the O.P. Bank issued a letter dated 31.7.2014 asking the complainant to deliver the impugned cheque leaf being No.759793. After receiving the letter dated 31.7.2014 the complainant again contact with the O.P. Bank and informed about his loss of business due to the burden of Rs.2,95,710/- which he did not enjoy or use in his business. But O.P. Bank only creating the complainant to hand over the original cheque leaf which is lying with the complainant.
The complainant is a bonafide consumer under the O.P. Bank. The bank supposed to be cautions sand careful before disbursing such high amount in a single cheque. For the activity of the O.P. Bank the complainant is suffering loss in his business as he is not enjoying the full limit of the loan. On the other hand he has to pay interest upon the said amount showing debited from his loan account.
Finding no other alternative the complainant filed this case before this Ld. Forum for relief with a prayer to direct the O.P. Bank to credit the amount of Rs.2,95,710/- in the complainant’s loan account being No.0641008700051262,to pay Rs.1,50,000/- as compensation for mental pain and harassment and also to pay Rs.25,000/- as litigation cost.
The O.P. Bank contested the case by filing written version denying inter-alia all the material allegations as leveled against it. The O.P. submits that the complainant has a cash credit account vide No.064100870051262 lying with the O.P. bank, which he operated regularly. That in several previous occasions the complainant issued cheques in favour of his customers and they made clearance of those by debiting the said cash credit account of the complainant. But in the earlier occasions the complainant has made request to stop payment of two cheques which he issued without any amount written there in, which obviously caste cloud in the mind of Bank’s officials. That no reasonable explanation has been given by the complainant when he was verbally asked as to why he issued two blank cheques without mentioning any figure and thereafter on 16.6.2014 again he instructed the bank for stop payment in respect of cheque No.759785 & 759786 and the impugned cheque No. is 759793 which is appeared to be the same series. The instruction of stop payment has been given on 16.6.2014 with regard to impugned blank cheque and on 20.6.2014 the alleged cheque was debited.
That it is a case which is required to be investigated totally by the Police on the basis of FIR lodged by the bank in order to detect the actual miscreants into book. That the cash credit hypothecation loan limit A/c. of Rs.5,00,000/- was allowed by the bank in the name of ‘Tara Maa Furniture’ and the alleged cheque has been issued by the complainant from that account and accordingly the amount of Rs.2,95,710/- debited the account on the basis of the alleged cheaque and this complainant is doing business with the help of O.P. Bank’s finance. That the account was opened on 24.3.2000 and since then it is running smoothly till date without having any allegation but this issues are nothing but a practicing fraud upon the O.P. Bank which is required to be investigated by the police until and unless it is traced out and/or detected regarding its involvement. That cash credit cheque can be issued to the bonafide customer relates to his business dealings, normally in this account cash cannot be withdrawn.
This O.P. further submits that the said loan account has going to be sticky and bad, inoperative and irregular as on 21.10.2014 which outstandsRs.4,92,864.60 and it is going to be a non-performing assets which reveals that this complainant is a defaulting borrower. Practically the bank is the financer and if any loss has been involved by the party in the loan account that is the loss of the bank, so, the financer bank should take steps by way of investigation, if required by the police but the complainant never took the shelter of police. On the other hand he has got only intention to procure money from the bank.
That until and unless the state of affairs has come before the light then in that case it is very difficult to assert as to why is responsible for this occurrence. That this complainant in no way to get any compensation as prayed for as the question does not arise. The O.P. bank further stated to this complainant as per H.O. guidelines procedure for refund of the amount involves complying with instruction of getting the original cheqaue in question along with indemnity bond signed by the complainant. The authorities have also instructed the bank Manager to take possession of the cheque in presence of two independent witness. The fund will be released by the Higher Authorities in favour of the Branch only after complying with the completion of the formalities laid down by them, without which it is impossible for the Manager, Dasghara Branch to credit the amount. For continuing the operation of the C.C. Account of this complainant, several opportunity has been offered but this complainant tactfully avoided the same. Again on 21.8.2014 a letter was issued by this O.P. Bank to the complainant with a offer to refund the amount subject to submission of the cheque vide UGA 759793 and indemnity bond but all the efforts of this O.P. Bank turned into futile exercise. That further letter has been issued by this O.P. on 31.7.2014. The reply of legal notice has been issued on 2.8.2014. Inspite of getting the offer of refund of the lost amount, tshe complainant was very much reluctant to comply the said offer letter. Hence, the case.
The complainant filed evidence on affidavit which is nothing but the replica of complaint petition. Complainant also filed photocopies of letter of PNB, Dasghara Branch dated 30.7.2014, 21.8.2014, 6.9.2014, 12.7.2014, letter of circle office, Bhubaneswar dated 22.10.2014, FIR etc. Argument advanced by the parties heard in full. The O.P. also filed evidence on affidavit. Both the parties have filed their interrogatives and replies. They also filed the written notes of argument which are taken into consideration for passing final order.
From the discussion herein above, we find the following Issues/Points for consideration.
ISSUES/POINTS FOR CONSIDERATION
- Whether the Complainant is a consumer of the opposite party?
2.Whether the O.P. is liable for deficiency in service ?
3.Whether the complainant is entitled to get relief as prayed for?
DECISIPON WITH REASON
All the points are taken up together for easiness of discussion of this case.
The complainant in his evidence in affidavit stated his allegation is that O.P. has disbursed Rs.2,95,710/- on 20.6.2014 against cheque No.759793. After getting allegation the O.P. Bank admitted the allegation of the complainant. In evidence at para-7 the O.P. admitted that on 20.6.2014 Rs.2,95,710/- has been paid for the cheque No.759793 to Raghumani Pattnaik from their Branch Office, Phulnnakhra, P.S.-Cuttack Sadar, Dist.-Cuttack, Orissa and the complainant has prayed to get that amount back in his account. But he O.P. Bank in spite of categorically admission did not take appropriate steps to give that money in the complainant’s account. The O.P. has admitted due to their inconvenience that has been done. For which the O.P. requested the complaint to get back the cheques being No.759793 which had been in the custody of the complainant and still that cheque is in the custody of the complainant. Complainant has filed this case before this Forum. From the bundle of the cheque filed by the complainant it appears that cheque No.759793 is still in the custody of the complainant. This bundle of cheque has been issued by the Punjab National Bank. Then we are surprised to see that the PNB has disbursed the amounts as alleged by the complainant in the cheque No.759793. We are not concern what step has been taken by the PNB regarding the wrongful loss of the complainant amounting to Rs.2,95,710/- from his account by cheque No.759793. It is palpably negligence act of the Bank Authorities who did not act as per banking rules and regulation and rules issued by the Reserve Bank of India from time to time.
After deliberation over the dispute between the parties we are abstaining ourselves from lengthy discussion of both side case wherein the case is very clear from the para-7 of evidence on affidavit of O.P. and the letter dated 31.7.2014 issued by the PNB addressing the complainant. So, the material shown above enough to prove the negligence of the O.P. Bank who did not act diligently and complainant is entitle to get his money along with other relief i.e. compensation for mental pain and agony and litigation cost.
Accordingly, after deep discussion over the material before us we are of strong conviction that complainant’s case succeeds and complainant is entitled to get relief as prayed for except some modification in the compensation amount. Hence, it is
ORDERED
that the case be and the same is allowed on contest against the O.P.
The O.P. PNB is directed to pay A/c. payee cheque of Rs.2,95,710/- in the name of the complainant within 45 days from this date of order. The O.P. is also directed to pay compensation of Rs.1,00,000/- to the complainant. The O.P. is further directed to pay litigation cost of Rs.25,000/-. Therefore, the O.P. is directed to issue another cheque of Rs.1,25,000/- (Rs.1,00,000/- + Rs.25,000/-) in the name of the complainant within 45 days from this date of order. The O.P. is also directed to pay interest @9% p.a. from 26.8.2014 till the date of full payment on Rs.2,95,710/- + Rs.1,25,000 i.e. total Rs. Rs.4,20,710/-. In case of O.P. did not act as per order, the complainant is at liberty to execute this order through this Forum as per law laid down in C.P. Act. Documents filed by the complainant i.e. bundles of cheque bearing No.759791 to 759800 shall be returned to the complainant.
Let the copies of this order be supplied to the parties free of cost.
