Haryana

StateCommission

A/1256/2014

The Regional Manager, Punjab National Bank - Complainant(s)

Versus

Simranjot - Opp.Party(s)

23 Jan 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      1256 of 2014

Date of Institution:        31.12.2014

Date of Decision :         23.01.2015

1.     The Regional Manager, Punjab National Bank, Bank Square, Sector-17, Chandigarh.

2.     The Zonal Manager, Punjab National Bank, Bank Square, Sector-17, Chandigarh.

3.     The Branch Manager, Punjab National Bank, Army School, Ambala Cantt, District Ambala.

         All through the GPA holder Mr. Amarnath Gambhir presently working as Manager, Punjab National Bank, Branch Office Defence Colony, Ambala Cantt, District Ambala.

                                     Appellants-Opposite Parties

Versus

 

Simranjot wife of late Sh. Sanjay Rehan, Teacher at Army School, District Ambala.

                                      Respondent-Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

 

Present:               Shri Arvind Rajotia, Advocate for appellants.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER:

 

This appeal has been preferred against the order dated November 18^th, 2014 passed by District Consumer Disputes Redressal Forum (for short District Forum), Ambala.

2.      Simranjot-complainant (respondent) is employed as Teacher in Army School at Ambala Cantt. She is maintaining Saving Account bearing No.0014010100000388 with Punjab National Bank (for short P.N.B.), Branch Office, Army School, Ambala Cantt-opposite party No.1. She deposited two cheques bearing No.357124 and 357125 dated September 5^th, 2011 for Rs.1,67,406/- each with opposite party-appellant No.1 on October 3^rd, 2011. The opposite party No.1 sent the cheques to State Bank of India, for local collection but the cheques were returned with the remarks “Not Drawn on us”. Thereafter, the cheques were sent to P.N.B.  RCC, Ludhiana Branch for collection under BC No.AII/11 and A/12/11 dated October 17^th, 2011 through M/s Dolphin Courier Service, Nicholson Road, Ambala Cantt vide CN No.15770 dated October 17^th, 2011 which were delivered at the destination on October 22^nd, 2011. The recipient stamped the cheques of the said bank. The cheques amount being not credited to her account, the complainant enquired about and came to know that the cheques had already been presented for clearance at Ludhiana on November 16^th, 2011 by Canara Bank, Branch Bharat Nagar Chowk, Ludhiana for collection towards account No.0980101026573 at Branch Office, Javedpur, Kolkatta. The amount of the cheques was paid by State Bank of India, Treasury Branch, Ludhiana. Complainant complained to the Police upon which F.I.R. No.57 dated February 11^th, 2012 under Sections 406,420 of the Indian Penal Code, was recorded in Police Station, Ambala Cantt. She also filed complaint before the Banking Ombudsman, Branch Office, Chandigarh. Alleging deficiency in service on the part of the opposite parties, the complainant filed complaint under Section 12 of the Consumer Protection Act, 1986.

3.      The opposite parties contested complaint by filing reply. It was stated that the complainant had filed complaint before the Banking Ombudsman, Branch Office, Chandigarh and therefore she could not take advantage of both the remedies, and thus complaint before the Consumer Forum was not maintainable. Denying any kind of deficiency in service, it was prayed that the complaint merited dismissal.

4.      On appraisal of the pleadings of the parties and the evidence brought on the record, the District Forum accepted complaint. The operative part of the order is reproduced as under:-

“…..the present complaint is allowed and Op Bank is directed to comply with the following directions within thirty days from the date of communication of the order:-

1. To make the payment of the two cheques to the complainant amounting to Rs.3,34,812/- alongwith simple interest @ 9% per annum after one month of the date of deposit of the cheques with OP Bank i.e. w.e.f. 03.11.2011 to till its realization.
2. Also to pay Rs.5000/- as litigation costs”.

5.      It is not in dispute that the complainant had deposited two cheques dated September 5^th, 2011 for Rs.1,67,406/- each with the appellant No.1  - P.N.B. on October 3^rd, 2011 which were sent by the said bank to S.B.I. for local collection, however, the same were returned with the remarks “Not Drawn on us”. The appellant No.1 – Bank, thereafter, sent the cheques in question for collection to P.N.B. RCC, Ludhiana Branch. The cheques were delivered at the destination on October 22^nd, 2011 and were stamped by the recipient.

6.      In view of the above, it is a dispute inter se banks as to how the cheques which were sent by the appellants-Bank for collection to the drawee Bank at Ludhiana, were encashed in favour of Canara Bank on being presented by some third person. So, the encashment of the cheques by some other person is not the fault of the complainant and therefore the complainant cannot be blamed for the same.

7.      As a sequel to the aforesaid discussion, this Commission does not find any illegality or irregularity in the impugned order. The District Forum rightly held the opposite parties deficient in service and issued direction. No case for interference is made out.

8.      The appeal fails and is hereby dismissed.

9.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the respondent-complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced: 23.01.2015

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

CL