Haryana

Yamunanagar

CC/43/2012

Suresh Pal s/o Sh.Lehna Ram, - Complainant(s)

Versus

Punjab National Bank, - Opp.Party(s)

None for complainant.

15 Sep 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

                                                                                               Complaint No. 43  of 2012.

                                                                                               Date of institution: 11.01.2012

                                                                                               Date of decision: 15.09.2016

Suresh Pal aged about 35 years son of Shri Lehna Ram, resident of village Malakpur Post Office Haibatpur, Tehsil Jagadhri, District Yamuna Nagar.                                                                                                                                             

                                                                                                                                       …Complainant.

                                    Versus

Punjab National Bank Pabni Kalan, Tehsil Jagadhri, District Yamuna Nagar, through Branch Manager.

                                                                                                                                      …Respondent.

BEFORE:         SH. ASHOK KUMAR GARG PRESIDENT,

                        SH. S.C.SHARMA, MEMBER.

 

Present:  None for complainant.  

               Sh. Nalin Gupta, Advocate, counsel for respondents.            

 

ORDER

1                      Complainant has filed the present complaint under section 12 of the Consumer Protection Act 1986.   

2.                     Brief facts of the present complaint, as alleged by the complainant, are that complainant had supplied goods to the ration depots on behalf of CONFED as contractor in Ambala District and in discharge of their existing liability, the CONFED had issued a cheque of Rs. 1,00,000/- bearing No. 156827 dated 05.10.2011 drawn on Ambala Central Cooperative Bank Ltd. Ambala in favour of the complainant. On 07.10.2011, the complainant deposited the cheque in question in his account bearing No. 134100010056939 with the OP Bank for collection. However, the cheque was not deposited in his account for long time and when the complainant after 8-10 days enquired about the collection of cheque, the bank authority told that the same has been lost and asked the complainant to obtain duplicate cheque or fresh cheque from his client. After that, complainant requested the OP Bank that cheque has been lost by them and they should take the steps to lodge FIR in this regard and so that he could obtain the fresh or duplicate cheque from his client but the OP is putting off the matter on one pretext or the other. Hence, there is a deficiency in service on the part of OP Bank. Lastly prayed for directing the OP Bank to pay a sum of Rs. 1,00,000/- on account of lost cheque alongwith interest and also to pay compensation as well as litigation expenses.

3.                     Upon notice, OP Bank appeared and filed its written statement by taking some preliminary objections such as complaint is legally not maintainable as there was no deficiency in service on the part of OP Bank; present complaint is bad for non-joinder and misjoinder of necessary parties; complainant has no locus standi to file the present complaint; complainant has no cause of action; complainant has not come to this Forum with clean hands and has concealed the true facts. The true facts are that cheque of amounting to Rs. 1,00,000/- was deposited by the complainant in his account No. 1341000100056939 drawn on Ambala Central cooperative Bank, Ambala on 07.10.2011 and the same cheque was sent to RCC PNB Ambala for clearance through Dolphin Courier Service and the said courier containing cheque was duly received by the office of RCC PNB Ambala on 08.10.2011 but till date the OP Bank has not received the payment of the same. After that, when the complainant approached the OP Bank, he was told that OP Bank has made its best efforts and written so many letters to RCC PNB Ambala as well as to the courier company on 18.11.2011, 07.11.2011 and 04.11.2011 but to no effect. Even after, that the branch Manager of the Op Bank has personally visited the office of RCC PNB Ambala but all in vain. Ultimately, the OP Bank asked the complainant to get a duplicate copy of cheque so that it may be sent for clearance again. Even the OP Bank was also ready to give interest on the amount of cheque in question but the complainant was adamant to indulge the Op Bank in unnecessary litigation. It also seems that complainant and the person who issued the cheque to the complainant are in collusion with each other to harass and defame the OP Bank. Further, it has been mentioned that complainant has not impleaded the RCC PNB, Ambala, Central Cooperative Bank, Ambala, as well as the courier service which were necessary parties to the present complaint and on merit controverted the plea taken in the complaint and reiterated the stand taken in the preliminary objections and lastly prayed for dismissal of complaint.

4.                     Complainant failed to adduce any evidence and his evidence was closed by court order on dated 15.06.2016. However, at the time of filing of complaint the complainant has filed photo copy of pass book of his saving bank account bearing No. 1341000100056939 as Annexure A, Counter foil of cheque deposit receipt voucher Annexure B in support of his complaint.

5.                     On the other hand learned counsel for the OPs Bank tendered into evidence photo copy of letter dated 18.11.2011 as Annexure R-1, copy of letter dated 17.11.2011 as Annexure R-2, copy of courier delivery receipt as Annexure R-3, copy of letter dated 07.11.2011 as Annexure R-4, copy of letter dated 04.11.2011 as Annexure R-5 and closed the evidence on behalf of OP Bank.

6.                     We have heard the learned counsel for the OP Bank and have gone through the pleadings as well as documents placed on file very carefully and minutely.

7.                     It is not disputed that complainant was having a bank account bearing No. 134 1000100056939 with the Op Bank which is duly evident from the copy of pass book Annexure A. The only grievances of the complainant is that he deposited a cheque of Rs. 1,00,000/- bearing No. 156827 dated 05.10.2011 drawn on Central Cooperative Bank Ltd. Ambala issued by CONFED Ambala for collection in his account the same was lost by the OP Bank when the OP Bank sent the same for collection to its clearance branch i.e. RCC PNB Ambala and due to that OP Bank has not deposited the amount of Rs. 1,00,000/- in his account. Even, the OP Bank did not bother to lodge the DDR with the police despite so many requests.

8.                     On the other hand, counsel for the OP Bank argued at length that the complaint of the complainant is bad for non-joinder and mis- joinder of necessary parties as the complainant has not impleaded the RCC PNB Ambala, the Ambala Central Cooperative Bank Ambala who issued the cheque as well as courier service through the cheque in question was sent for collection. Learned counsel for the OP Bank further argued that the OP Bank has made its best efforts to trace out the cheque in question and in this regard has also written so many letters Annexure R-1 to R-4 but to no effect. So, there is no deficiency in service on the part of Op Bank and requested for dismissal of complaint.  

9                      After hearing the counsel for the OPs and going through the contents of complaint as well as documents placed on file, we are of the considered view that there is a deficiency in service on the part of OP Bank as it has been admitted in para No.5 of the written statement by the OP Bank that a cheque of Rs. 1,00,000/- was deposited by the complainant in his account No. 134 1000100056939 drawn on Ambala Central Cooperative Bank Ambala on 07.10.2011 and the same was sent to the RCC PNB Ambala for clearance through Dolphin courier service and the said courier containing cheque was duly received by the office of RCC PNB Ambala ON 08.10.2011 but the Op Bank has not received the payment of the same till date. It has been further admitted by the OP Bank that the official of the PNB has made its best efforts and written so many letters to the RCC PNB Ambala as well as courier company which is duly evident from letter Annexure R-1 to R-4. Although the complainant has failed to adduce any evidence in support of his case but as the OP Bank has itself admitted in written statement that cheque in question deposited by the complainant was misplaced. So, we are of the considered view that there is a deficiency in service on the part of OP Bank. The version of the complainant that he has suffered loss of Rs. 1,00,000/- i.e. cheque amount is not tenable as the complainant has not placed on file any cogent evidence i.e. copy of account statement or affidavit to prove that he has not received the payment against misplaced cheque from the drawer i.e. CONFED. However at the same time it cannot be denied that due to the above noted act of the OP Bank the complainant has not suffered any mental agony or harassment on account of misplacing of the cheque in question. The arguments advanced by the counsel for the OP Bank that the complaint of the complainant is not maintainable as the necessary parties i.e. Central Cooperative Bank, Ambala, RCC PNB Ambala and Dolphin Courier Service is also not tenable as the complainant has no concern whatsoever with these parties whereas the complainant was having his account with the OP Bank and hired the services of the OP Bank only not the aforesaid parties. However, the present matter is between the two branches of the same Bank i.e. PNB Pabnikalan and RCC PNB Ambala.

10.                   In these circumstances noted above, we are of the considered view that the complainant is not entitled to get the cheque amount i.e. Rs. 1,00,000/- from the Op Bank on account of misplace of the cheque in question. However, he is only entitled to get some relief by way of compensation.

11.                   Resultantly, we partly allow the complaint of complainant and direct the OP Bank to pay a sum of Rs. 10,000/- to the complainant as compensation for mental agony harassment as well as litigation expenses. Order be complied within a period of 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law.  Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court. 15.09.2016.

 

 

                                                                                                (ASHOK KUMAR GARG )

                                                                                                PRESIDENT

 

 

                                                (S.C.SHARMA )          

                                                MEMBER