Haryana

Ambala

CC/349/2017

Usha Kashyap - Complainant(s)

Versus

PNB - Opp.Party(s)

Davinder Singh

11 Oct 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                                      Complaint case no.        : 349 of 2017

                                                                      Date of Institution         : 13.10.2017                                                                           

                                                                      Date of decision    : 11.10.2018

 

 

 Usha Kashyap, aged about 35 years, wife of Shri Rajiv Kumar, resident of House No.258, Ward No.7, Naraingarh, District Ambala.

    ……. Complainant.

 

 

1.  Regional Manager, Punjab National Bank, Sector-17, Chandigarh.

2.  The Chief Manager, Punjab National Bank, Naraingarh, District Ambala.

3.  Senior Manager Clearance Service Br. SCO.70-71, Sector-17-B, Chandigarh.

4.  Managing Director, Punjab National Bank, Head Office Sansad Marg, New Delhi-110001.

 ….…. Opposite Parties.

 

 

Before:        Sh. D.N.Arora, President.

                   Sh.Pushpender Kumar,  Member

                   Dr. Sushma Garg, Member.

 

                            

Present:        Sh. Devinder Singh, counsel for complainant.

 Sh. R.L.Mundan,  counsel for Ops.

 

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant is having account no.2733000102862338 and the complainant had presented the cheque no.500962 dated 15.05.2017 issued Rohit Babbar drawn at Indian Bank, Sirhind Fatehgarh Sahab Branch from the account no.613375306 and the complainant having bank receipt dated 08.08.2017 with her issued by the bank of the Ops when the said cheque was presented. the complainant has received memo. In which the cheque is shown to be dishonoured with remark no.31 “Instrument out dated/Stale”. The complainant  had presented the said cheque in time on 08.08.2017 and there was sufficient time to sent that cheque for encashment well within time and it is also worth to mention here that when the complainant received the memo from the OP No.2 employees of the bank got signed the complainant in a register and the complainant signed with dated 30.08.2017 but the same was given of 24.08.2017 which clearly shows deliberate delay on the part of Ops. Thus, the Ops have deficient to provide service to the complainant. Hence, the present complaint.

2.               Upon notice, Ops appeared through counsel and filed written statement submitting that the cheque in the question is dropped on 08.08.2017 by the husband of complainant in clearing cheque drop box maintained by the branch within branch premises. On 10.08.2017 alongwith other cheques, cheque in question was taken out from the local clearing cheque drop box and Sh. Roop Chand official went to clearing house at about 2:45 and came back at about 3:30 PM and the cheque in question which was outward bill for collection, was lodged. There is no Indian Bank Branch at Naraingarh so the cheque in question was sent through courier to RCC Chandigarh.  As 12.08.2017 & 13.08.2017 were public holidays so the cheque in question was handed over through the courier on 14.08.2017, which was entered by OP No.3 RCC Chandigarh Branch in the computer system on 23.08.2017 and the cheque in question was presented to the Indian Bank through CTS System of clearing and rejected by the concerned bank on 24.08.2017 as cheque was stale/ out of date as 12.08.2017, 13.08.2017, 15.08.2017 and 20.08.2017 were public holidays and 22.08.2017 was strick and the Indian Bank returned cheque with reason “Stale/out of date cheque” because the cheque was dated 15.05.2017 and it could be passed on or before  14.08.2017. Thus, there is no deficiency of the service on the part of the Ops and prayed for dismissal of the present complaint.

3                 To prove her version complainant tendered affidavits as Annexure C-A & C-B along with documents as annexure C-1 and C-8 and close her evidence. On the other hand, Counsel for the OPs tendered affidavits as Annexure R/A and & R/B alongwith documents as Annexure C-1 to 14 and close their evidence.

4.                We have heard both the counsel of the parties and carefully gone through the case file.

5.                It is proved on the file that the complainant had presented the cheque no. 500962 dated 15.05.2017 on 10.08.2017 in her bank ie. Punjab National Bank for its realization as evident from Annexure R-13 i.e. Dak receipt and disposal register dated 10.08.2017. The said cheque was taken out from cheque drop box on 11.8.2017 as per Annexure R-12. Admittedly on 12.08.2017 & 13.08.2017 there were bank holiday on account of second Saturday and Sunday respectively. OP No.2 has also placed on record Annexure R-13 vide which they have sent the cheque in question on 14.08.2017 through courier to the RCC Chandigarh Branch for encashment. Op No.2 has alleged that cheque in question has been delivered by courier agency on 23.08.2017 to RCC Branch Chandigarh for clearance and same was not encashed and cheque was rejected on 24.08.2017 as a cheque was state/out of date as per letter Annexure C-7 issued by Branch Office, Naraingarh dated 08.09.2017. It is admitted fact that there is no branch of Indian Bank at Naraingarh and OP No.2 has to send the cheque for encashment to RCC Branch situated at Chandigarh.

6.                Now, question is arises before us  whether there is any delay on the part of the Op No.2 for sending the cheque to RCC Branch Chandigarh for clearance.

7.                It is not disputed the validity of the cheque for three months i.e. from 15.05.2017 to 15.08.2017. It is clear from the record the cheque in question was presented by the complainant on 10.08.2017 not on 08.08.2017 and same was taken out in the cheque drop box on 11.08.2017  as per Annexure R-3(detail of the voucher and cheque lodged by PNB Bank in favour of the complainant Usha Kashyap  account No. 2733000102862338 with PNB, Naraingarh and same was sent to  concerned bank to the Indian Bank on 14.08.2017 because on 12.08.2017 & 13.08.2017 there were holidays being Second Saturday & Sunday and concerned branch of Chandigarh has entered  the cheque in computer system on 23.08.2017 and same was rejected  on 24.08.2017 on the ground that the said cheque was state out /out date. Op No.2 has placed on record policy on collection of cheques/instruments  as per Clause 2.2 outstation cheques:-

“Cheques drawn on other banks at outstation centres will normally be collected through bank’s branches at those centres. Where the bank does not have a branch of its own, the instrument would be directly sent for collection to the drawee bank or collected through a correspondent bank. The bank would also use the National Clearing Services offered by the Reserve Bank of India at centres where such collection services exist. 

As per clause 3.2 Outstation Cheques:-

Time frame for collection of cheques drawn on state capitals/major cities/other locations to be 7/10/14 days respectively. If there is any delay in collection beyond this period, interest at the rate specified in the cheque collection policy of the bank shall be paid. The time frame for collection specified by us shall be treated as outer limit and credit shall be afforded if the process gets completed earlier. Branches of the Bank shall not decline to accept outstation cheques deposited by its customers for collection”.

8.                In view of the policy mentioned above it is clear that time frame for collection of cheque drawn from out of state, the period of the 7 days is to be taken by the concerned branch. In this case complainant had earlier presented the cheque on 17.05.2017 which is evident from Annexure R-3 detail of vouchers and cheques lodged by PNB, Naraingarh in favour of the complainant. It means complainant was very much in knowledge about the validity of cheque for three months and period of the validity of the cheque is to be expired on 15.08.2017 but complainant presented the cheque in the nick of time i.e. 10.08.2017. It is a major fault on the part of the complainant. If it is presumed that the complainant has presented the cheque within validity the period but as per the policy the out of State cheque processing period of the time is minimum upto 7 days as per policy mentioned above. As per the record the cheque was taken out by the bank from drop box on 11.08.2017 and the period of 7 day had expired upto 18.08.2017 and the three months of the validity of the cheque lapsed on 15.08.2017 and cheque has been rejected on 24.08.2017. Hence, we do not find any deficiency in service on the part of the Ops. In this way, the complainant has failed to prove her case. Thus, the present complaint is liable to be dismissed and same is hereby dismissed with no order as to cost.  Copy of this order be supplied to both the parties free of cost. File be consigned to record room after due compliance.

Announced on :11.10.2018

 

 

 

 

      (Pushpender Kumar)        (Dr. Sushma Garg)             (D.N. ARORA)

          Member                            Member                       President