DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.
Complaint No: 198 dated 21.03.2018.
Date of decision: 10.05.2019.
Amanpreet Kaur wife of Gurdeep Singh, R/o. Village Khasi Khurd, Tehsil and District Ludhiana.
.…Complainant
Versus
- The Branch Manager, Punjab National Bank, Dhanansu Branch, Village Dhanansu, Ludhiana.
- The Manager, State Bank of Patiala, Treasury Branch, Patiala.
…..Opposite parties
Complaint under Section 12 of Consumer Protection Act.
QUORUM:
SH. G.K. DHIR, PRESIDENT
MS. JYOTSNA THATAI, MEMBER
COUNSEL FOR THE COMPLAINANT:
For complainant : Sh. Kulwinder Singh, Advocate.
For OP1 : Exparte.
For OP2 : Complaint against OP2 not admitted vide order of 30.04.2018.
ORDER
PER G.K. Dhir, PRESIDENT
1. Complaint under Section 12 of The Consumer Protection Act, 1986 (herein-after in short to be referred as ‘Act’) filed by complainant by pleading that she holds account bearing No.3455000103005680 with OP1 and as such, she deposited cheque bearing No.558452 dated 26.08.2016 of amount of Rs.1,46,023/- issued by Senior Post Master, Patiala out of an account No.55108387181 lying with OP2 on 07.09.2016. This cheque was deposited with OP1, who assured that encashment/clearance will take place within 2/3 days. However, the payment was not credited to the account of complainant for many days and as such, complainant enquired from OP1, who disclosed that cheque has been sent to OP2, but clearance from OP2 not received yet. Thereafter, complainant visited OP1 many times and the latter was putting off the matter on one pretext or the other. Complainant was in dire need of money and as such, she called upon OP1 repeatedly to get the cheque cleared. OP1 disclosed complainant that cheque has been lost and that is why same has not been honoured. OP1 claimed that it is in contact with OP2. Assurance for disbursement at the earliest possible was given, but despite lapse of period of 6 months payment has not been made. Complainant claims that she has been cheated and defrauded by OPs. Despite service of legal notice dated 09.03.2017 through counsel, nothing done and that is why this complaint for seeking payment of the cheque amount of Rs.1,46,023/- with interest @24% per annum from the date of deposit. Compensation for mental harassment and agony of Rs.50,000/- more claimed.
2. Complaint against OP2 was not admitted at admission stage. However, OP1 is exparte in this case because despite sending of notice through registered post, same not received back served or unserved and as such, by drawing presumption of due service and after finding non appearance by anyone on behalf of OP1, OP1 was proceeded against exparte vide order date d 19.06.2018.
3. Complainant to prove her case, tendered her affidavit Ex. CA along with documents Ex. C1 to Ex. C9 and then closed evidence.
4. Written argument not submitted by complainant. Oral arguments of counsel for complainant heard and record gone through carefully.
5. Contents of affidavit Ex. CA of complainant along with memo Ex. C1 issued by OP1 establishes that cheque No.558452 of amount of Rs.1,46,023/- belonging to account No.55108387181 stood lost in the process and that is why OP2 was called upon by OP1 to stop payment. As per contents of Ex. C1, this cheque drawn in favour of Amanpreet Kaur. So this document Ex. C1 itself proves as if the above referred cheque issued from account of Senior Post Master, Patiala was presented by complainant with OP1 for honour of the same, but same stood lost. Copy of cheque concerned produced on record as Ex. C2 for establishing as if same is in the name of complainant Amanpreet Kaur and draw able at State Bank of Patiala. On Ex. C2 also endorsement is there as if cheque lost in transit. Ex. C3 is the letter written by OP2 to OP1 that the amount of said cheque has not been credited in the sundry account. This was disclosed in response to the requisition of disclosure of status of ODBC deposit of the cheque with OP1. Same also disclosed by the voucher Ex. C4. Manager of OP2 through letter Ex. C5 further confirmed that the amount of the cheque has not been credited in the sundry account and status of ODBC disclosed to OP1. In response to the notice sent by counsel for complainant to OP2, response through letter Ex. C6 was received as if the above referred cheque has not been received by OP2. As loss of cheque by OP1 affirmed through Ex. C1 and as such, certainly contents of affidavit Ex. CA are correct that this cheque stood lost while in custody of OP1. As and when customer presents a cheque with its banker, then it becomes the responsibility of the banker to keep the cheque in safe custody and also to take steps for ensuring that honor of the cheque takes place. Had these obligations been kept in mind by OP1, then certainly cheque in question would have not been lost. Rather OP1 would have ensured that honour of this cheque takes place. That had not happened, so in view of gross negligence and deficiency on the part of OP1, ends of justice warrants that complainant, being customer of OP1 must not suffer for the negligence of OP1. Being so, complainant entitled for refund of full amount of cheque i.e. of Rs.1,46,023/- from OP1 along with interest @7% per annum from the date of issue of legal notice Ex. C7 sent through postal receipt Ex. C8 and Ex. C9. Perusal of postal receipts reveals that this notice was sent on 23.03.2017, but despite that intimation by OP1 to complainant not given regarding the status of the cheque or of the circumstances in which honour of the lost cheque even may take place. What steps taken by OP1 for ensuring re-encashment of the cheque in question deposited by complainant with it, qua that no explanation coming forth. Rather reply to legal notice Ex. C7 even not submitted to complainant by any of the OPs and as such, same shows as if OP1 deliberately took no steps for informing the complainant about the circumstances leading to the loss even after receipt of legal notice Ex. C7. Complainant suffered mental agony and harassment due to inaction on the part of OP1 and as such, she is entitled to compensation for mental agony and harassment and also to litigation expenses, in addition to above referred relief of refund with interest.
6. As a sequel of above discussion, complaintallowed against OP1 with direction to it to refund back the amount of Rs.1,46,023/- with interest @7% per annum w.e.f. 23.03.2017 till payment. Compensation for mental harassment and agony of Rs.5000/- (Rupees Five Thousand only) and litigation expenses of Rs.3,000/- (Rupees Three Thousand only) more allowed in favour of complainant and against OP1. Payment of compensation and litigation expenses be made by OP1 to complainant within 30 days from the date of receipt of copy of order. Copy of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
(Jyotsna Thatai) (G.K. Dhir)
Member President
Announced in Open Forum.
Dated:10.05.2019.
Gobind Ram.
