DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.98/2011
Sh. Surat Singh Yadav
S/o Sh. B. D. Yadav
R/o H.No.42, Sector-5,
Pushp Vihar, New Delhi-110017 ….Complainant
Versus
1. Branch Manager
Standard Chartered Bank
M-1 South Ext. Part-1,
New Delhi-110049
2. Branch Manager
Vijaya Bank
D-86, Malviya Nagar Branch
Malviya Nagar,
New Delhi-110017 ……Opposite Parties
Date of Institution : 15.03.11 Date of Order : 03.05.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated, the case of the Complainant is that he had a Bank Account No.52810194968 with the South Extension Branch of OP No.1 and he had the balance of Rs.18732/- on 13.11.2010. He issued a cheque No.038247 dated 10.11.10 of Rs.15,000/- in favour of Anupama College of Engineering where his son was studying. The college deposited the said cheque with the OP No.2. OP No.2 informed his son that the cheque was dishonoured with the reason ‘funds insufficient’ and OP No.2 handed over the returning memo of the cheque. Complainant was surprised because on that day he had sufficient fund in his account. The college also pasted a notice on notice board in this regard. He filed a complaint with the OP No.1 on 03.12.10 vide receipt No.001504 but the OP No.1 has not replied the same. His son lost his reputation in the college as well as in the society and also this incident lowered down his image in the eyes of students, college staffs and management. He issued a legal notice to the OP No.1. The Complainant has prayed as under:
- Direct the OPs to pay Rs.20 lacs alongwith interest @ 18% per month to the Complainant as compensation for loss of reputation, pain and agony.
OP has stated that the cheque had not bounced on account of the reason attributed to the OP No.1. A perusal of the statement of the account filed by him clearly shows that the cheque bearing No.38247 dated 10.11.10 in favour of Anupama College of Engineering was cleared by the OP No.1. Therefore, it is clear and apparent that there is no deficiency on the part of OP No.1 as the same was duly paid by the OP No.1 on 13.11.10. It is evident from the statement of account bearing No. 528-1-019496-8 for the month of November, 2010. In case of return of any instrument received in clearing the said instrument reflects in the reject item filed report of the particular date. The reject item filed is generated for all instruments received by the bank on a particular day and same being returned unpaid. The cheque in issue was duly honoured as per the transaction as under:-
Application dated | Batch ID | Total Count | Total Amount | Accepted Count | Rejected Count | Rejected Amount | Batch status |
20101112 | 30519 | 1 | 15,000.00 | 15,000.00 | 0 | 0 | closed |
It is prayed that the complaint be dismissed.
OP No.2 has been proceeded exparte vide order dated 16.11.11 passed by our predecessors.
No rejoinder has been filed to the written statement of OP No.1.
Complainant has filed his own affidavit in evidence while affidavit of Sh. Anand Prakash, Customer Service Manager-Legal has been filed in evidence on behalf of the OP No.1.
Written arguments have been filed.
We have heard the arguments of the Complainant and have also gone through the file very carefully.
The Complainant has not marked Exhibit Nos. on the corresponding documents. The Complainant has filed a copy of statement of account for the period from 01.09.2010 to 02.12.2010 (copy annexure-A) which shows that on 13.11.2010 cheque No. 038247 for an amount of Rs.15,000/- was withdrawn for Anupama College of Engineering. The OP No.1 vide letter dated 22.11.11 submitted a statement that the cheque No. 038247 dated 10.11.2010 for Rs.15,000/- in favour of Anupama College of Engineering was paid in clearing on 13.11.2010 upon presentation by Vijaya Bank/OP No.2 to the debit of saving/current account in the name of Mr. Surat Singh Yadav/Complainant (copy annexure-D for the purpose of identification). The Complainant filed cheque returning memo dated 15.11.10 (copy annexure-C) which is reproduced hereunder:-
“ Vijaya Bank
Malviya Nagar Branch
D-86, Malviya Nagar New Delhi-110017
CHEQUE RETURN MEMO
ZONE CODE CTSOW ZONE DATE
CHEQUE NO AMOUNT REASON RETURNED BY
(BANK & BRANCH)
1. 100047 15000/- I/F BOI
38247 15000/- I/F SCB
2. 83842 18000/- I/F Canara
Sd/-
AUTHORIZED SIGNATORY
Original document has not been filed. The authenticity of document is doubtful.
In Annexure-D (copy of notice dated 30.11.2010) displayed by the College the name of Nitin Kumar S/o Sh. Surat Singh has been mentioned at S. No. 7 5th Sem CSE which is a list of defaulters in depositing the fees. Complainant has not filed the cheque returning memo record of OP No.2. He could have easily summoned the record from OP No.2.
It is so evident from the Annexure-A and Annexure-C filed by the Complainant and Annexure-D filed by the OP. It clearly shows that as per Annexure-A that amount of Rs.15,000/- was debited from the Complainant’s account on 13.11.10 and the same was credited in the name of Anupama College of Engineering. In Annexure-C it is not cleared whether the cheque was returned to the Complainant due to insufficient fund. As per Annexure-D a cheque No. 038247 dated 10.11.2010 was presented by the OP No.2 on 13.11.2010 and the same was debited from the Complainant’s account. The Complainant has failed to prove any deficiency in service on the part of OP No.1 or OP No.2. Deficiency in service, if any, was on the part of College. Therefore, we dismiss the complaint with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 03.05.16.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
