B.Manjunath filed a consumer case on 12 Nov 2010 against Punjab National Bank in the Mysore Consumer Court. The case no is CC/10/506 and the judgment uploaded on 30 Nov -0001.
Karnataka
Mysore
CC/10/506
B.Manjunath - Complainant(s)
Versus
Punjab National Bank - Opp.Party(s)
R.Rangaswamy
12 Nov 2010
ORDER
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE No.1542/F, Anikethana Road, C and D Block, J.C.S.T. Layout, Kuvempunagara, (Behind Jagadamba Petrol Bunk), Mysore-570009. consumer case(CC) No. CC/10/506
ORDER Perused the complaint, version of the opponent and the documents placed on record including the entries of the order sheet. 2. This is a complaint filed by the complainant Under Section 12 of the C.P. Act 1986 against the opponent Bank for directing the opponent Bank to pay the DD amount of Rs.10,000/- along with interest thereon at the rate of 18% p.a. from 26.03.2009, compensation of Rs.75,000/- towards mental agony and also the cost of the complaint etc.,. The case of the complainant is that on 26.03.2009, he has presented the DD bearing No.544055 for Rs.10,000/- in the opponent Bank for encashment. But the opponent has failed to encash the same and to credit the proceeds of the said DD to his SB account bearing No.0785001500001957 in spite of repeated demands and also issuing of legal notice dated 15.10.2009. 3. In the version, the opponent has clearly admitted the presentation of the DD in question for encashment and further taken the contention that the same was lost in the process of realization and after knowing the same, the opponent has taken the necessary steps for stop payment and also obtained the duplicate DD from the drawer Bank and after encashment of the said duplicate DD, the opponent has also produced the DD bearing No.787035 dated 19.07.2010 for Rs.10,000/- issued in the name of the complainant along with the version on 09.08.2010. The complainant has received the same on 29.09.2010 without prejudice to his right of claiming the compensation and cost of the complaint and also reported the encashment of the said DD. Thus after filing of this complaint, on 09.08.2010 the opponent has produced the DD for Rs.10,000/- issued in favour of the complainant along with the version after encashing the duplicate DD obtained by him from the drawer Bank. As such, admittedly there is inordinate delay in realization of the proceeds of the DD presented by the complainant to the opponent Bank. Of course, after knowing the missing of the DD in transit, the opponent Bank has taken the necessary steps and obtained the duplicate DD from the concerned and made the payment of the DD amount to the complainant before this Forum after filing of this complaint. Thus, there is unreasonable delay of more than one year four months in paying the amount of the said DD before this Forum and therefore for the said delayed period, the complainant is entitled for the reasonable rate of interest on the said amount of Rs.10,000/- and cost of the complaint. Having regard to the facts and circumstances of the case and the present banking rate of interest, we feel it just and reasonable to award the interest at the rate of 9% p.a. from the date of presentation of the DD to the opponent Bank ie., from 26.03.2009 till the producing of the DD before this Forum on 09.08.2010 and cost of Rs.600/-. Hence, in the final result, we proceed to pass the following ORDER 1. The complaint is partly allowed and the opponent is directed to pay the interest at the rate of 9% p.a. on the DD amount of Rs.10,000/- from 26.03.2009 to 09.08.2010 and also cost of Rs.600/- to the complainant within 30 days from the date of receipt of copy of this order.