ORDER

08.02.2024

SH. RAJESH, MEMBER

1. A complaint has been filed by complainant seeking direction to OPs to pay a sum of Rs. 2,00,000/- against deficiency in services and damages against the loss accrued to complainant due to wrongful dishonour of cheques.
2.  It is stated that the complainant is an account holder in the OP bank having account number 4166000100111755 in the Prashant Vihar branch of OP.
3. It is stated that the OP issued a cheque book to complainant for the series 620,110024221.
4. It is stated that complainant issued four cheques from 01.01.2019 to 08.09.2019 to different parties to pay off his legal dues.
5. It is stated by the complainant that the cheque bearing No. 620150 issued by him however same got dishonoured. On deposit of copy of aadhar card, Pan Card and copy of passport the cheque bearing No. 620150 was cleared on 31.05.2019.
6. It is further stated that the complainant issued three other cheques as detailed below; -

Cheque No.                                 Date of Issue              Amount                          Payee

620147                            18.04.2019                                 1,680/-                            TPDDL

 620148                          08.05.2019                  914/-                                 NDMC

620149                            08.05.2019                                 3,479/-                            NDMC              

7. It is stated that all the above cheques were dishonoured by OP for which complainant suffered a lot. It is stated that all the above deficiencies are intentional under the garb of KYC and system failure to malign the individual respect and face. All the requirements of OP were met whenever called for. It is stated that the complainant only got the information of dishonouring of cheques from other services except bank.
8. Notice was issued to OP who appeared and filed detailed Written Statement denying the allegation made by the complainant of deficiency in services on the part of OP.
9. It is stated by the OP that complainant concealed the material facts intentionally and deliberately not mentioned the date in his complaint when he had submitted the KYC documents to the respondent bank which are necessary as per banking norms and rules for any transaction in the account. Due to the said cause, the cheques were not honoured by the concerned bank/authority and the complainant has wrongly averred before the Hon’ble Commission therefore the present complaint of the complaint is liable to be dismissed. 
10.  It is stated that the cheques of complainant were dishonoured due to noncompletion of the KYC by the complainant. It is stated that respondent time to time has informed the complainant for completion of the KYC documents but neither the complainant complied the same nor approach the respondent bank. The complainant approached the respondent bank after dishonouring of the cheque number 62147 thereby the OP bank apprised him with the fact that his KYC documents are not complete and due to the said reason, the cheques of complainant got dishonoured and advised him to complete his KYC documents as soon as possible. But the complainant has not complied with the direction of the respondent bank for completion of the KYC.
11.  It is stated by the OP that requisite documents were submitted, and KYC formality was completed by the complainant on 09.03.2019 at about 5.06 pm.
12.  In support of their contention's parties have led their respective evidence by way of evidence and filed written synopsis.
13. We have perused the record of the case and heard the complainant. Despite sufficient opportunity OP failed to address arguments. However, we have perused the written arguments by OP.
14. From the bare perusal of the facts and allegations made in the complaint by the complainant it is apparent that complainant is seeking compensation for illegally dishonour of four cheques by the OP causing dent in the reputation of the complainant as well as harassment and mental agony.
15. it is relevant to consider judicial pronouncement touching the issue involved in the present complaint case.  

In ICICI Bank Ltd. vs Sh. Rajendra Kumar Agarwal, REVISION PETITION No. 532 OF 2012 decided on 2 April, 2014 wherein Hon’ble NCDRC observed as follows :-

The Forum below has failed to scrutinize the Statement of Account as produced by the complainant and not denied by the respondent Bank in its proper perspective. The Statement of Account read with the letter dated 8th July 2009 issued by the respondent Bank has established beyond reasonable doubt that the respondent Bank had acted with gross deficiency in service by dishonouring all three aforesaid Cheques mentioned hereinabove on the ground of insufficient fund.

The complainant has thus been able to establish gross deficiency in service by the respondent Bank by dishonouring the said Cheque on the ground as disclosed in the complaint case.

16.  In the present case, complainant is alleging deficiency in services on the part of bank for unreasonably dishonouring four cheques bearing no. 620150 (date and amount not mentioned, 620147 dated   18.04.2019 , cheque no. 620148 dated 08.05.2019 and cheque No. 620149 dated 08.05.2019. Though the OP has taken a defence that these cheques were dishonoured by the bank as the complainant failed to comply mandatory KYC formalities. However the OP has categorically admitted in the Written Statement that KYC documents were submitted by the complainant on  09.03.2019 at about 5.06 pm. It is important to note that the cheques in question issued by complainant are dated 18.04.2019, 08.05.2019 and 08.05.2019. It is established that KYC documents were submitted by complainant on 09.03.2019 i.e. much before issuing subject cheques to different payees i.e. 18.04.2019, 08.05.2019 and 08.05.2019. It appears that OP failed to update the KYC regarding complainant in his record and consequently subject cheques were dishonoured.  
17. On the basis of above observations and discussions and judicial pronouncement and for the foregoing reasons we are of the considered view that OP is liable for deficiency in services for dishonouring cheques of complainants, hence the present complaint is allowed.
18.  In view of the above observations, we direct the OP to pay a sum of Rs. 15,000/- for mental agony and harassment including cost of litigation caused to complainant due to unreasonable dishonour of cheques issued by complainant. This amount shall be paid by OP to complainant within one month of receiving the order by OP, failing which same shall carry interest @ 9% from the date of non-payment till its realization.
19. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.

Order be uploaded on www.confonet.nic.in. File be consigned to Record Room.

Announced in open Commission on 08.02.2024.

(SANJAY KUMAR)                                                                                          (RAJESH)

PRESIDENT                                                                                                       MEMBER