Tripura

StateCommission

A/34/2016

Branch Manager, State Bank of India - Complainant(s)

Versus

Sri. Kishore Kumar Roy - Opp.Party(s)

Mr. Amrit Lal Saha, Mr. Kajal Nandi, Mr. Abheek Saha Miss. Sumi Datta.

02 May 2017

ORDER

Tripura State Consumer Disputes Redressal Commission, Agartala.

 

 

Case No.A.34.2016

 

 

 

1. The Branch Manager,

State Bank of India,

Khowai Branch, P.O. & P.S. Khowai,

District - Khowai Tripura, Pin:799201.

 

… … … … … … Appellant/Opposite Party.

 

 

1. Sri Kishore Kumar Roy,

S/o Late Nilkanta Roy,

Proprietor of Sree Guru Motors,

Office Road, P.O. & P.S. Khowai,

District - Khowai Tripura, Pin:799201.

 

… … … … … … Respondent/Complainant.

 

 

Present

Mr. Justice U.B. Saha,

President,

State Commission, Tripura.

 

Mrs. Sobhana Datta,

Member,

State Commission, Tripura.

 

Mr. Narayan Ch. Sharma,

Member,

State Commission, Tripura.

 

 

 

For the Appellant:                                           Mr. Kajal Nandi, Adv.              

For the Respondent:                                 Mr. Koushik Datta, Adv.      

Date of Hearing & Delivery of Judgment:   02.05.2017.

 

 

 

 

J U D G M E N T [O R A L]

 

U.B. Saha,J,

The instant appeal filed by the appellant, Branch Manager, State Bank of India, Khowai Branch, Khowai under Section 15 of the Consumer Protection Act, 1986 is directed against the judgment dated 29.06.2016 passed by the Ld. District Consumers Disputes Redressal Forum (hereinafter referred to as District Forum), West Tripura, Agartala  in Case No. C.C. 03 of 2016 whereby and whereunder the Ld. District Forum allowed the complaint petition of the complainant, Sri Kishore Kumar Roy, the respondent herein and directed the State Bank of India, Khowai Branch for depositing the cheque amounting to Rs.7,50,000/- in the SB Account No.11808857116 of Aparesh Deb in whose favour the cheque was issued and also directed to pay Rs.50,000/- as compensation to the complainant and Rs.5,000/- as litigation cost, in total Rs.55,000/-. The amount is to be paid within two months and the cheque amounting to Rs.7,50,000/- is to be deposited in the SB Account of Aparesh Deb within 15 days without fail. If the aforesaid amount of Rs.55,000/- is not paid within the period of two months, then it will carry interest @9% per annum.

2. Heard Mr. Kajal Nandi, Ld. Counsel appearing for the appellant, the Branch Manager, State Bank of India, Khowai Branch (hereinafter referred to as opposite party/Bank/SBI) as well as Mr. Koushik Datta, Ld. Counsel appearing on behalf of the respondent, Sri Kishore Kumar Roy (hereinafter referred to as complainant/petitioner).
3. Facts of the case in short are that the complainant-petitioner Sri Kishore Kumar Roy had issued a cheque on his CC Account No.11808882835 in favour of one Aparesh Deb for an amount of Rs.7,50,000/- on 06.05.2013. After receipt of the cheque issued by the complainant, the payee Sri Aparesh Deb deposited the said cheque in his SB Account No. 11808857116 at SBI, Khowai Branch, but the Bank Authority without depositing the aforesaid cheque amount in his account, deposited the same in the internal account of Bank and thus the cheque issued by the complainant-petitioner was dishonoured. The recipient/payee of the cheque was aggrieved and made grievance to the petitioner. Thereafter, the complainant-petitioner filed a complaint case under Section 12 of the Consumer Protection Act, 1986 before the Ld. District Forum for deficiency in service of the SBI, Khowai Branch and in his complaint petition, the complainant also claimed compensation amounting to Rs.9 lakhs.
4. The opposite party, Branch Manager of the State Bank of India, Khowai Branch appeared in the case and by filing written statement denied the claim though admitted the fact that the cheque issued by the complainant-petitioner was initially deposited in the SBI internal account and then the said amount was transferred to the loan account of Aparesh Deb being A/C No.11808914121. After adjustment of Rs.90,000/- on account of legal expenses Rs.6,60,000/- was adjusted against the loan account. This internal arrangement was done for adjusting the outstanding liabilities of the payee/holder of the loan account of Aparesh Deb. Thus, there was no deficiency of service on the part of the Bank.
5. On the basis of the contention raised by the parties, following points were framed for decision of the case:-

1. Whether the cheque issued by the petitioner was duly honoured or not?
2. Whether there was deficiency of service by the opposite party, Manager, SBI, Khowai Branch and petitioner therefore entitled to get compensation?

6.   Complainant-petitioner produced statement on affidavit of two witnesses i.e., the statement of the complainant and Aparesh Deb, recipient of the cheque. Petitioner also produced advocate’s notice, copy of the cheque, the statement of account as documentary evidence.
7. Appellant-opposite party on the other hand produced the statement of account, which was marked as Exhibit-A and also produced the statement on affidavit of Sri Sankar Kanti Mazumder, Branch Manager, SBI, Khowai Branch.
8. The Ld. District Forum after considering the evidence as well as the statement of accounts produced by the appellant-Bank allowed the complaint case as stated (supra). Being aggrieved by the decision of the Ld. District Forum, the appellant Bank has preferred this appeal.
9. In terms of the earlier order of this Commission, the Branch Manager of SBI, Khowai Branch appeared before this Commission and produced the relevant records regarding the deposit of the cheque issued by the complainant-petitioner in favour of the recipient Aparesh Deb.
10.   Mr. Nandi, Ld. Counsel appearing on behalf of the appellant Bank in presence of the Branch Manager, SBI, Khowai Branch Sri Sankar Kanti Mazumder submits that admittedly, the cheque which was issued by the complainant in favour of Sri Aparesh Deb recipient was initially deposited the amount in the internal account of the State Bank of India and then the cheque amount was transferred to the loan account of the Aparesh Deb being the Aparesh Deb had taken loan from the SBI, Khowai Branch and his loan account was also declared as NPA. He also submits that the Bank should have deposited the cheque amount i.e. Rs.7,50,000/- first in the Savings Account of recipient Aparesh Deb, then from the Savings Account of the recipient, the money can be adjusted in the loan account being admittedly recipient Aparesh Deb is a loanee. He has also contended that even if the findings of the Ld. District Forum is admitted then also, the amount of compensation awarded by the District Forum amounting to Rs.50,000/- is higher in side. He has finally contended that the Aparesh Deb is actually the victim of the act of Bank and he did not approach the District Forum, but appeared as a witness.   
11. On the other hand, Mr. Datta, Ld. Counsel appearing on behalf of the complainant-petitioner while supporting the judgment of the Ld. District Forum would contend that the Ld. District Forum rightly held that the State Bank Authority was supposed to honour the cheque issued by the complainant-petitioner and deposit the cheque amount in the account of Aparesh Deb as desired by him in the Bank Deposit Form. He also submits that non-crediting the cheque amount in the Bank account of Aparesh Deb, the recipient, the Bank Authority admittedly dishonoured the cheque of the complainant-petitioner though in his CC Account more than the cheque amount was available. He also submits that dishonouring the cheque of the complainant, the Bank committed wrong and the same is deficiency of service and as such, the petitioner is answerable to the recipient Aparesh Deb. He further submits that the Bank should be asked to return the cheque amount to the complainant.
12. We have gone through the findings of the Ld. District Forum. According to us, the Ld. District Forum did not commit any wrong so far its direction to the appellant Bank for depositing the cheque amount of Rs.7,50,000/- in the SB Account of Aparesh Deb vide No.11808857116 as the cheque was deposited in the said account. We are of the further opinion that if there is any dispute between the Bank Authority and the loanee Aparesh Deb, the recipient, then the Bank Authority should have deposited the cheque amount first in the account of Aparesh Deb recipient/loanee and then after informing him the loan amount can be adjusted following the procedure, but the appellant-Bank failed to do so. As the complainant-petitioner did not prefer any appeal against the judgment of the Ld. Disrict Forum and also did not make Sri Aparesh Deb, the recipient of the cheque in his complaint petition a party in the instant case, we are unable to accept the contention of Mr. Datta, Ld. Counsel so far refund of the cheque amount to the account of the complainant. After issuance of the cheque by the complainant, it is the recipient Aparesh Deb who can claim the money as the cheque was deposited by him and fact remains that Aparesh Deb is not also before us. However, considering the entire facts and circumstances of the case and the submission of the Branch Manager, SBI, Khowai Branch that there were some procedural defects that after deposit of the cheque amount in the account of Aparesh Deb, the recipient, the loan amount was to be transferred to the loan account, we are of the opinion that the amount of compensation awarded is in higher side, therefore, we modify the directions of the District Forum regarding payment of compensation to the petitioner from Rs.50,000/- to an amount of Rs.25,000/- which has already been deposited with this Commission as statutory deposit. As the Bank Authority forced the complainant-petitioner to approach the District Forum for honouring his cheque, we are of the opinion that the litigation cost of Rs.5,000/- should remain as it is. Accordingly, the judgment of the Ld. District Forum is modified to the extent as stated above.
13. Appellant Bank Authority shall deposit Rs.5,000/- as litigation cost in the Office of this Commission within three weeks, failing which, it will carry interest @9% per annum from the date of filing of the appeal. Rs.25,000/- which was deposited as statutory deposit is now lying with this Commission and another Rs.5,000/- will be deposited by the Bank as aforesaid. The complainant-petitioner is at liberty to withdraw the aforesaid amount from the Office of this Commission by filing an appropriate application.              

The appeal is partly allowed.        

Send down the records to the Ld. District Forum, West Tripura, Agartala.

 

 

 

MEMBER State Commission Tripura MEMBER State Commission Tripura PRESIDENT State Commission Tripura