| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-VII (SW) [GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI] FIRST FLOOR, PANDIT DEEP CHAND SHARMA SHAKAR BHAWAN SECTOR-20, DWARKA, NEW DELHI-110077 Date of Institution: 11.11.2010 Date of Order : 30.03.2023 CASE NO. CC/395/19 In the matter of: Mahabir Singh Chauhan, R/o G-15, Raj Nagar Part-II, Palam Colony, New Delhi. …. Complainant VERSUS Punjab National Bank, Delhi Cantt, New Delhi-110010. …. Opposite Party O R D E R (By SH. SURESH KUMAR GUPTA, PRESIDENT) - The complainant has filed a complaint under Section 12 of Consumer Protection Act (hereinafter referred to as Act) with the allegations that he is a consumer under the Act. The Hon’ble High Court of Punjab & Haryana has granted compensation of Rs 45,000/- in a MACT Case. The Execution was filed in District Court, Gurgoan and Chalan No. 0700140586 of Rs 45,000/- was issued on 13.6.2019 by District Court Gurgoan. On 15.06.2019, he has deposited the said chalan with his Banker i.e. PNB, Gopi Nath Bazar, Delhi Cantt i.e. OP. The chalan was valid till 13.6.2019. He has received a letter dt 28.7.2019 coupled with a chalan. On 21.6.2019, the chalan was sent to Treasury Branch for realization which was returned in Aug 2019. The OP has taken two and half months for the realization of the amount but even after the said period the amount was not realized by the OP. He has called the Officer of the OP several times and even visited the branch office to resolve the issue but in vain. He has faced financial problem and incurred financial loss due to the effect that the challan was not encashed within the validity period. There is deficiency in service. So OP be directed to pay the amount of challan, compensation for mental torture as well as litigation expenses.
- The Notice was issued to OP. The OP did not put the appearance on 09.01.2023. OP was proceeded Ex-parte.
- The complainant has filed his own affidavit Ex PW2/A in evidence wherein he has reproduced the facts as narrated in the complaint. He has filed the documents i.e. copy of Aadhar Card EX PW2/B, copy of service ID card EX PW2/C, (though not exhibited). The complainant has filed the copy of execution petition filed before the MACT, District Gurgoan, copy of the order dt 29.01.2019 passed by Sh. R.K. Mehta, MACT, District Court Gurgoan, copy of the chalan/voucher dt 04.06.2019 of Rs 45,000/- issued by MACT, District Court Gurgoan, copy of the deposit of voucher/challan with OP and copy of the letter dated 28.8.2019 received from OP regarding return of challan No. 67314/2019 of Rs 45,000/- in the name of complainant.
- The OP has been proceeded Ex-parte. The Revision No. RP-11/2022 was filed by OP before Hon’ble State Consumer Dispute Redressal Commission against the order dated 09.01.2020. The said Revision Petition has been dismissed vide order dt 20.10.2022. The copy of the order is on record.
- We have heard the complainant and pursued the material on record. The complainant has filed an Execution Petition No 815/2017 titled as Mahavir Singh Vs Nova Suweja before MACT, District Court Gurgoan. Sh. R.K. Mehta, Ld PO, MACT, Gurgoan vide Order dated 29.01.2019 has ordered to release the payment in favour of the complainant and accordingly voucher for a sum of Rs 45,000/- was issued to the complainant on 13.6.2019. On 15.6.2019, the complainant has deposited the said voucher for encashment with OP i.e. his Banker. The validity period of the voucher was one month i.e. it was valid till 13.7.2019. The OP has failed to encash the voucher and returned back the same to the complainant to get it revalidated vide letter dt 28.8.2019.
- The complainant has deposited the voucher with the bank within time i.e. two days after the date of reissuance of voucher. The OP has failed to get the amount released for no fault on the part of the complainant. The OP was very well aware of the period of validity of the voucher. It was the duty of the OP to get the amount released within the period of validity but OP has failed to do so for one reason or other. There was a deficiency in the service on the part of OP due to which the complainant has failed to get the amount of voucher. The OP has not informed the complainant immediately on the expiry of validity period of the voucher. The complainant has allegedly visited the bank to ascertain the status whether voucher has been encashed or not but the bank has not given any satisfactory reply to the complainant. The complainant has suffered mental agony for no fault on his part. He has suffered financial loss. He has to again visit the concerned Tribunal for the validation of the voucher. All these facts show that there is lapse on the part of the OP for the encashment of voucher from the concerned bank/treasurer. There is deficiency in service on the part of OP.
- This Commission cannot order that amount of Rs. 45,000/- of the voucher be paid by the OP to the complainant when he can get it revalidated from the concerned tribunal.
- There is definitely deficiency in the service on the part of OP. The complainant has undergone mental harassment by visiting the bank time and again in order to ascertain whether payment has been credited to his account or not. He has to file the complainant before this Commission. To our mind, complainant is entitled for compensation on account of mental torture as well as on account of litigation expenses.
- The complaint is partly allowed. The OP is directed to pay a sum of Rs. 10,000/- on account of mental torture and harassment and a sum of Rs. 3,000/- for litigation expenses. OP is directed to comply with the order.
Copy of the order be given Dasti free of cost to the party. File be consigned to record room. | |
