08/04/16

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

             This Appeal is directed against the judgment and order passed by Learned District Forum, Kolkata, Unit-II allowing the complaint with cost of Rs.10,000/- and directing the OP Bank to pay the sum of Rs.25,000/- as compensation.  The Learned District Forum also directed the OP to deposit Rs.25,000/- to check the unfair trade practice as adopted by the OP Bank. 

            The case of the Complainant/Respondent, in short, is that he had a Classic Credit Card (Master Card) from the OP Bank.  The Complainant received the statement dated 18/01/14 on the basis of purchase made by the Complainant.  The amount due was Rs.15,000.41 and the Complainant issued the cheque dated 03/02/14 for Rs.15,001/- and dropped it in the drop box of the OP Bank.  But on 06/02/14 he received SMS from UBI, Patipukur Branch that Rs.1,500/- was debited from his S.B. Account.  The Complainant also received SMS from OP Bank on 19/01/14 asking him to pay Rs.14,345.81.  On enquiry the Complainant came to learn that although he issued cheque of Rs.15,001/- the OP Bank debited Rs.1,500/- from S.B. Account of UBI.  The Complainant wrote to the Manager of the OP Bank, but to no effect.  For the said reason, the complaint was filed before the Learned District Forum.

            The Learned Counsel for the Appellant Bank has submitted that UBI, Patipukur Branch released Rs.1,500/- only although the cheque was issued to the tune of Rs.15,001/-.  It is submitted that no interpolation was done by the OP Bank and the Complainant did not contact the OP Bank.  In paragraph 9 of the Memo of Appeal it has been contended that the Complainant alleged interpolation in the cheque by the Appellant Bank followed by the debit of Rs.1,500/- instead of Rs.15,001/-.  It is submitted that there was no error on the part of the OP Bank and no interpolation was done.  It is contended that UBI was a necessary party and the case suffers from non-joinder of necessary party. 

           It is submitted by the Respondent/Complainant that error was made by the OP Bank and not by UBI and, as such, the Complainant did not implead UBI in the complaint case.  It is submitted that malpractice was committed by OP Bank in mentioning Rs.1,500/- instead of Rs.15,001/-. 

            We have heard the submission made by both sides and perused the papers on record.  The cheque issued by the Complainant was drawn on UBI, Patipukur Branch amounting to Rs.15,001/- and it was dropped in the drop box of the OP Indusind Bank.  Subsequently, the Complainant got message from UBI, Patipukur Branch that Rs.1,500/- was debited.  UBI acted on the advice issued by the OP Bank.  Now, it appears from the photocopy of the disputed cheque dated 03/02/14 that it was written Rupees Fifteen Thousand and One only in words.  In figure it was also written Rs.15,001/-.  There was no ambiguity since the amount was clearly written in words.  Therefore, it was the deficiency in service on the part of the OP Bank in issuing necessary advice for clearance of the sum mentioned in the cheque.  Such mistake amounts to deficiency in service on the part of the OP Bank.  UBI, Patipukur Branch is not a necessary party in this case, in as much as, it acted on the basis of the advice for clearance issued by the OP Bank.

            Having heard both sides and on perusal of the papers on record, we modify the impugned judgment as hereunder.

            The Appeal is allowed in part.  The Appellant/OP Bank is directed to pay compensation of Rs.15,000/-  and litigation cost of Rs.5,000/- to the Respondent/Complainant within 45 days from this date failing which simple interest @ 9% p.a. shall accrue from the date of default till realisation.  Other directions passed by the Learned District Forum are set aside.  The impugned judgment stands modified accordingly.