Order No. -18 Dt.-22/07/2015
Shri Asoke Kumar Das,President
Case of the complainant in short is that he has a Saving Joint Account bearing no.-6074001300003899 with the PNB Jalpaiguri Branch. He received a cheque bearing no.505920 for Rs.9,949/- from the Govt. towards his GPF arrear on 19/12/’12. He deposited the said cheque with his said PNB Jalpaiguri Branch A/c for encashment. But the said cheque was not credited in his said SB A/c of PNB Jalpaiguri Branch. The complainant requested the Manager of PNB Jalpaiguri Branch on number of occasions to take necessary steps for crediting the amount of his said cheque in his SB A/c, but no fruitful result came out. On 16/10/’14 he wrote a letter to the Manager PNB Jalpaiguri Branch over this matter and in reply the Manager PNB Jalpaiguri Branch intimated him by a letter that on 19/12/’12 the said bill(cheque)was sent to SBI Alipurduar for collection of the amount of the cheque. The Manager thereafter took no step to meet up his grievance. According to complainant such activities of the PNB Jalpaiguri Branch is a glaring example of deficiency of service.
Hence, the complaint has filed this case and prayed for the reliefs mentioned in the prayer portion of his petition of complaint.
Notice upon both the O.Ps. Were issued and served and both of them registed the case of the complainant by filing separate W/V denying and disputing the claim and contention of the complainant with prayer for dismissal of this case.
The specific stands of O.P.1 (PNB Jalpaiguri Branch) is that as and when they received the cheque from the complainant for collection they immediately sent the said cheque on 22/12/’12 to SBI Alipurduar Bench through Courier Service for collection. On 20/09/’13 they gave reminder to SBI Alipurduar Branch for clearance but in vain. On 16/01/’14 they gave 2nd reminder to SBI Alipurduar Branch but they didn’t give any response. On 16/01/’14 they forwarded a letter to the Chief Manager, SBI Alipurduar Branch with reference as style as “bill sent to your branch to collection with copy to the circle.......”. The specific stand of OP2(SBI Alipureduar Branch) is that they came to learn regarding the alleged cheque after receiving Notice of this case and Pryor to that no letter was issued and send to them by OP1 PNB Jalpaiguri Branch and on receiving the Notice of this case they wrote letters to the Manager PNB Jalpaiguri Branch on 10/03/’15 & 04/’15 so that they may enquire about the cheque but they didn’t received any positive reply from OP1 till date and that there is/was no deficiency in service on the part of OP2.
-:: Points for considerations::-
1) Is the case maintainable?
2) Is the complainant a consumer?
3) Is OP 1 guilty for deficiency in service as alleged?
4) Is the complainant entitled to the reliefs as prayed for?
-:: Decisions with reasons::-
All points are taken up together for consideration and decision. Seen and perused the petition of complaint (supported by affidavit) and the W/V filed by OP1&2 out of which W/V filed by OP1 is not supported by Affidavit and the W/V filed by OP2 is supported by Affidavit. Also perused the W/A and the documents filed by both the parties. We have hard arguments of Ld Lawyer of both sides in full.
Now after due considerate of aforesaid and the arguments advance by the Ld Lawyer of both the parties we find that admittedly the complaint has a SB A/c(Joint) bearing no.6074001300003899 with the OP1 PNB Jalpaiguri Branch. Admittedly he has deposited a cheque for Rs.9,949/- to OP1 Bank on 19/12/’12 for en-cashment and to credit the entire amount of that cheque in his said SB A/c. Admittedly the said cheque deposited by the complainant at PNB Jalpaiguri Branch on 19/12/12 has not yet en-cashed and the amount of the cheque was not credited in the A/c of the complainant. we now find that this case was filed on 21/07/’14. Therefore we have no hesitation to hold that the complainant is a consumer and the case is well maintainable.
The claim of OP1 is that immediately after receiving the cheque in question for the complainant they send that cheque to OP2 by Currier Service for en-cashment. They also gave reminders to Op2 for the said cheque but in vain. On the contrary claim of OP2 is that they didn’t receive any letter concerning the said cheque and any cheque from OP1 as claimed by them(OP1) and that they came to learn about the cheque in question after receiving the Notice of this case. OP1 couldn’t substantiated its claim that they sent the cheque in question to OP2 for en-cashment. The documents filed by OP1 are not supporting their case and the claim. OP1 couldn’t file any documents in order to prove that the cheque in question was actually sent to OP2 for en-cashment. That apart the step taken by OP1 for redressal of the grievance of the complainant who is their customer was not at all satisfactory and acceptable which is appearing from the averment of its W/V.
It is expected that Bank must be sincere in its commitments. But in our present case we no such sincerity on the part of OP1 PNB. Therefore it is clear that OP2 had no latches on their part in the matter of the cheque in question. case and most probably for this reason the complainant has not prayed for any relief against OP2. In this view of the matter we find and hold that the activities of OP1 PNB Jalpaiguri Branch in the matter of en-cashment of the cheque deposited by the complainant on 19/12/’12 and for non en-cashment of the said cheque till date, certainly comes within the purview of deficiency in service. As such we find and hold that the OP1 PNB Jalpaiguri Branch is guilty for deficiency in service as alleged and accordingly the complainant is entitled to the reliefs as specific below.
All points are disposed of.
In the result the case / application succeeds against OP1.
Hence it is,
-:: ORDERED::-
That the case/application is allowed on contest with cost of Rs.1,000/-(Rupees one thousand)only against OP1 PNB Jalpaiguri Branch and the case is dismissed on contest without cost against OP2 SBI Alipurduar.
The OP1 PNB Jalpaiguri Branch is directed to credit the proceeds of the cheque bearing no.505920 amounting to Rs.9,949/-(Rupees nine thousand nine hundred and forty nine)only in complainant’s SB A/c(Joint) bearing no.6074001300003899 lying with PNB Jalpaiguri Branch with bank’s interest @5% P.A. from 19/12/12 within 30 days from the date hereof failing which the complaint shall be at liberty to put this order into execution in accordance with law and
OP1 shall have to bear the interest at the rate stated above till realisation.
Let free copy of this order be supplied to the parties free of cost forthwith in terms of Rule 5(10) Consumer Protection Rules 1987.
