Delhi

North East

CC/271/2017

Vedo - Complainant(s)

Versus

Punjab & Sindh Bank - Opp.Party(s)

12 Oct 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 271/17

In the matter of:

 

		Smt. Vedo W/o Shri Yogesh Kumar R/o WS 114, Gali No. 114, Gali No. 3, Sudama Puri, Delhi 110032		Complainant
		Versus
		Punjab & Sind Bank Babarpur, Shahdara, Delhi.		Opposite Party
			DATE OF INSTITUTION:		06.09.2017
			JUDGEMENT RESERVED ON :		11.10.2018
			DATE OF DECISION      :		12.10.2018

 

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Present complaint has been filed by complainant against OP alleging deficiency in service. The facts of the complaint are that the complainant is maintaining a saving bank account vide  no. 5351000056402 with the OP Bank. On 28.12.2016, the complainant has deposited a cheque dated 18.11.2016 bearing  no. 234425 amounting to Rs. 7,650/- drawn at State Bank of India, Chandni Chowk, Delhi which was received by her as her salary from Municipal Corporation of Delhi. Complainant further stated that however the said cheque was returned by OP to her five months later in May 2017 through post. On receiving the same the complainant contacted the MCD office with the request to issue another cheque but office bearers stated that it was possible if complainant had returned the earlier cheque within one month and reissuance of a new cheque was not possible because complete details of payment has already been sent to department.  Further, the complainant alleged that if OP would have intimated her timely about not clearing the cheque then there would be no loss but due to late dispatch of cheque the complainant lost out on the entire cheque amount. Therefore vide the present complaint, the complainant alleging deficiency of service on the part of OP prayed for directions to OP to pay Rs. 25,000/- as compensation, Rs. 10,000/- for mental harassment and Rs. 5,000/- for litigation to complainant.

The complainant had attached a copy of front page of bank passbook mentioning her personal bank details of account held with OP bank, a copy of cheque vide no. 234425 dated 18.11.2016 amounting to Rs. 7650/- issuing branch SBI, Chandni Chowk, Delhi, copy of pay-in-slip dated 28.12.16 for deposit of the cheque in question, copy of envelop through which said cheque was returned by Punjab & Sind Bank and postal receipt of dispatch of cheque.

2. Notice of present complaint was issued to OP on 06.09.2017 and date 13.05.2017 served upon OP on 15.09.17 for appearance on 20.12.2017, however, OP failed to appear before the Forum and subsequently OP was proceeded against ex-parte vide order dated 23.01.2018.
3. Complainant filed his Ex-parte evidence and written arguments on 04.04.2018 and 04.05.2018 respectively wherein she reiterated her grievance against the OP.
4. We have heard the arguments addressed by the complainant and have also gone through the evidence submitted by complainant in support of his contention.
5. We are of the view that in the absence of any rebuttal by the OP the complainant has succeeded in establishing the case of deficiency in service on the part of OP of not honoring the cheque in question and returning the same after six months of deposit without any reason for the same. Hence, we hold OP guilty of deficiency in service and direct OP to pay Rs. 3,000/- as compensation for harassment and mental agony to the complainant alongwith Rs. 2,000/- as litigation expenses within 30 days from the date of order.
6. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.

      7. File be consigned to record room.

(Announced on  12.10.2018)        

 

(N.K. Sharma) President

(Sonica Mehrotra) Member