C.F. CASE No.                      :            CC/10/87                                                                                                                              

COMPLAINANT                  :           Akbat Ali Sheikh

                                    S/o Late Rajab Ali Sheikh

                                    Vill. Shimulgachi, P.O. Joania,

                                    Bhaluka, P.S. Kotwali, Dist. Nadia

• Vs  –

OPPOSITE PARTY/OP         :         Sr. Branch Manager,

                                    United Bank of India,

                                    Krishnagar Branch,

                                    R.K. Mitra Lane,

                                    P.O. Krishnagar, P.S. Kotwali,

                                    Dist. Nadia                               

PRESENT                               :     SHRI KANAILAL CHAKRABORTY       PRESIDENT

                      :     SMT SHIBANI BHATTACHARYA       MEMBER

                      :     SHRI SHYAMLAL SUKUL          MEMBER

DATE OF DELIVERY                                             

OF  JUDGMENT                    :          28^th January,  2011

:    J U D G M E N T    :

            In brief, the case of the complainant is that he is a customer of the OP bank having SB account No. 427314, now new number 0021501427314.  It is his further case that his relative one Badrul Alam sent two cheques bearing No. 53683146 dtd. 25.04.05 amounting to Rs. 9,000/- and another cheque No. 54926553 dtd. 18.06.05 amounting to Rs. 15,000/- drawn in favour of the complainant against his A/C No. 427314 lying in the OP bank from the Kingdom of Soudi Arabia where said Alam was engaged in job.  Previously, said Alam sent many other cheques in favour of the complainant which were also deposited in the later’s bank and were duly credited in his account, but the above said two cheques were not credited to his account though it is learnt from the drawee bank, UCO Bank, Overseas, Kolkata that the disputed two cheques were already encashed.  So the complainant made a representation before the OP with a request to credit the cheque amount in his account time and again, but to no effect.  On 10.06.10 the complainant submitted a representation to the OP bank stating the fact of non-crediting of the cheque amount and to reconcile the bank cash book and other relevant documents and to issue him the statement of account as the complainant faced troubles for non-crediting the cheque amount in his account.  After receipt of the said representation the OP did nothing.  So it is a deficiency in service on the part of the OP and having no other alternative, he has filed this case praying for the reliefs as stated in the petition of complaint.

            The OP, UBI, Krishnagar Branch has contested this case by filing a written version, inter alia, denying all the allegations made by the complainant. It is his specific contention that the cheque No. 683140 amounting to Rs. 9,000/- was deposited by the complainant before him on 03.05.05 which was cleared on 11.05.05 after deducting the fixed service charge and this would be clearly reflected in the passbook of the complainant.  Another cheque of the complainant being No. 54926553 amounting to Rs. 15,000/- was deposited before this OP bank on 30.06.05 and the same was cleared on 08.07.05 by the bank authority after deducting the service charge and the balance money was credited in the A/C of the complainant which has also been reflected in the passbook of the complainant.   So no question of negligence or deficiency in service on the part of this OP bank does arise.  Practically this complainant has no cause of action to file this case.  Hence, it is liable to be dismissed against him. 

POINTS  FOR  DECISION

Point No.1:         Has the complainant any cause of action to file this case?

Point No.2:          Is the complainant entitled to get the reliefs as prayed for?

DECISION  WITH  REASONS

            Both the points are taken up together for discussion as they are interrelated and for the sake of convenience.

            On a careful perusal of the petition of the complaint and the written version filed by the OP along with annexed documents of both the parties and after hearing the arguments advanced by the ld. lawyers for both the parties it is available on record that this complainant is a customer of the OP bank having account No. 0021501427314 (old A/C No. 427314).  The complainant’s specific case is that his relative one Badrul Alam sent two cheques, 1) cheque No. 53683146 dtd. 25.04.05 amounting to Rs. 9,000/- and 2) cheque No. 54926553 dtd. 18.06.05 amounting to Rs. 15,000/- on Union Bank of India, Overseas Branch, Soudi Arabia.  The complainant deposited both the cheques in his bank, i.e., the OP bank for encashment, but the OP did not entry those cheques amount in his credit in his pass book though from his relative he learnt that both the cheques were duly encashed by the OP bank through clearing.   Hence this case is filed for realization of both the cheques amount.   On this point the OP bank has submitted that both the cheques were deposited by the complainant to this OP bank on 03.05.05 amounting to Rs. 9,000/- and other cheque amounting to Rs. 15,000/- on 30.06.05.   To that extent he has filed the copy of the deposit slips.  Both the certified copy of the deposit slips bear the signature of the complainant also.  Besides this, there is no denial on the side of the OPs regarding deposit of both the disputed cheques before the bank by the complainant on the two above cited dates.  Regarding encashment of the two cheques it is his specific submission that the cheque No. 53683146 amounting to Rs. 9,000/- was encashed through clearing on 11.05.05 after deducting commission amount and the balance amount of Rs. 8,925/- was duly credited in the passbook of the complainant. He has filed the certified copy of the clearing slip of the bank in support of his contention.  From the copy of the passbook filed by the complainant it is available that on 11.05.05 an amount of Rs. 8,925/- was credited in his account and it was from OCC.  From another document filed by the OP it is also available that the other cheque amount of Rs. 15,000/- vide cheque No. 54926553 was deposited by the complainant to this OP bank in his A/C on 30.06.05 and the said amount was encashed through clearing on 08.07.05 after deduction of charge amounting to Rs. 97/-.  In support of his contention he has filed the certified copy of the clearing form of the bank.  From the entries of the passbook belonging to the complainant, it is available that on 08.07.05 Rs. 15,000/- was credited in the account of the complainant – Rs. 97/-, which is noted as charge.  So comparing the entries in the passbook of the complainant along with the clearing certificates and the deposit slips, we find that both the cheques amount was duly credited in the A/C of the complainant on 11.05.05 and 08.07.05 respectively after deduction of charge.

            Therefore, in view of the above discussions and considering the facts of this case along with the annexed documents filed by both the parties, our considered view is that the disputed cheques amount of Rs. 9,000/- and Rs. 15,000/- was duly credited in the A/C of the complainant on 11.05.05 and 08.07.05 after deduction of charge.  We do also hold that in this case there is no deficiency in service on the part of the OP, nor any negligence on his part, as he duly credited both the cheques amount in the passbook of the complainant after deduction of charge. Therefore, the complainant has no cause of action to file this case and so he is not entitled to get any relief as prayed for.  In result the case fails. 

Hence,

Ordered,

            That the case, CC/10/87 be and the same is dismissed on contest against the OP without any cost.

Let a copy of this judgment be delivered to the parties free of cost.