Punjab

Sangrur

CC/60/2019

Raj Rani - Complainant(s)

Versus

Punjab Gramin Bank - Opp.Party(s)

Sh.Inderjeet Singh Ausht

21 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

                                                                        Complaint No. 60

 Instituted on:   18.02.2019

                                                                         Decided on:     21.11.2023

 

Raj Rani wife of Er. Prem Chand Garg, resident of House No.734, Opposite Sarvhitkari School, Block-D, Guru Nanak Colony, Sangrur.

                                                         …. Complainant.     

                                                 Versus

Malwa Gramin Bank now known as Punjab Gramin Bank through its Branch Manager, DC Office Road, Prem Basti, Sangrur.

             ….Opposite party 

For the complainant  : Shri Saurav Garg, Adv.              

For the OP                : Shri Neeraj Kalra, Adv.

 

Quorum                                          

Jot Naranjan Singh Gill, President

Sarita Garg, Member

 

ORDER

SARITA GARG, MEMBER.

1.             Complainant has approached this Forum/Commission alleging inter-alia that the complainant availed services of OP by opening a saving bank account bearing number 86006337994. The grievance of the complainant is that she submitted a cheque bearing number 909062 dated 29.8.2018 for Rs.11697/- which was issued by Bajaj General Insurance Company Pvt. Ltd. Yerawada, Pune which was of Standard Chartered Bank Pune.  The said cheque amount of Rs.11697/- was not deposited in the account of complainant despite so many visits to the OP.  Though the case of complainant is that the OP sent the cheque to Standard Chartered Bank, Pune for clearance on 10.10.2018 but the payment was not credited in the account of complainant. The OP also sent reminder dated 7.12.2018 to Branch Manager, Standard Chartered Bank, Pune, but of no avail and no payment of Rs.11697/- was credited in the account of complainant. Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed  to credit the amount of Rs.11697/- in the account of complainant alongwith interest @ 12% per annum from 9.10.2018 till realization and further to pay Rs.20,000/- on account of mental harassment and inconvenience and Rs.10,000/- as litigation expenses.

2.             In reply, it is admitted that the complainant submitted one cheque bearing number 909062 dated 18.9.2018 for Rs.11697/- for deposit of the same in the account of complainant which was of Standard Chartered Bank, Pune.   It is further stated that after receipt of the cheque it was sent to Manager Standard Chartered Bank, Pune. When the amount was not deposited in the account of complainant, the OP sent reminder to the Standard Chartered Bank, Pune, but no response was received.  It is stated further that due to mistake of the postal authorities, the cheque in question could not be delivered to the Standard Chartered Bank, Pune. Lastly, the OP has prayed that the complaint be dismissed with special costs.

3.             The learned counsel for the complainant has produced  Ex.C-1 copy of front page of passbook, Ex.C-2 copy of cheque, Ex.C-3 copy of letter, Ex.C-4 copy of postal receipt, Ex.C-5 copy of certificate dated 31.12.2018 and Ex.C-6 affidavit and closed evidence.  On the other hand, the learned counsel for the OP has produced ExOP/1 affidavit, Ex.OP/2 copy of postal receipt, Ex.OP/3 copy of letter dated 31.12.2018 and closed evidence.

4.             We have gone through the pleadings put in by the learned counsel for the parties along with supporting documents with their valuable assistance.

5.             After hearing the arguments of the learned counsel for the parties we find that the case of the parties is almost admitted one.  It is admitted that the complainant deposited the cheque in question for Rs.11697/- Ex.C-2, which was issued by Bajaj Allianz General Insurance Co. Ltd. in the name of complainant Raj Rani wife of Er. Prem chand Garg. After receipt of the cheque in question, the same was sent to the  drawee branch i.e. Standard Chartered Bank, Pune for encashment, but the amount was never received from Standard Chartered Bank, Pune branch, as such, the amount was not credited in the account of complainant. The OP also sent reminder dated 3.12.2018 to Standard Chartered Bank, Pune, a copy of which on record is Ex.C-3, but of no avail.   Ex.C-4 is the copy of postal receipt showing sending of reminder to the drawee branch of cheque. Ex.C-5 is the copy of certificate issued by the OP bank showing that the amount of cheque was not deposited in the account of complainant.  All these facts are duly supported by the affidavit of the complainant Ex.C-6. On the other hand, the OP has not produced any cogent, reliable and trustworthy evidence to rebut the contention of the complainant as the case is almost admitted one.  If the cheque is lost on the part of the OP or issuing branch, then the complainant cannot be made to suffer for their mistake. Under the circumstances, we feel that the ends of justice would be met if the OP is directed to deposit the amount of Rs.11697/- in the account of complainant.

6.             As a result of the above discussion, the present complaint is allowed and opposite party is directed to pay to the complainant an amount of Rs.11697/-. Further, OP is also directed to pay Rs.2000/- as compensation on account of mental agony and harassment and an amount of Rs.1000/- as litigation expenses to the complainant. Compliance of the order be made within the period of 60 days from the date of the receipt of the copy of this order.

7.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

8.             Copy of this order be supplied to the parties free of cost. File be consigned to the records after its due compliance.      

                        Pronounced.

                       November 21, 2023.