In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.  88 / 2010.

1)                  Dr. Latika Lahiri,

9, Botanical Garden Road, Howrah-711103.                                        ---------- Complainant

---Versus---

1)                  State Bank if India, Service through Zonal Manager,

Zonal Office, Samriddhi Bhavan, 1, Strand Road, Kolkata-700001.

2)                  The Manager, State Bank of India,

Elgin Road Branch,

91B, Chowringee Road, Kolkata-700020.

3)                  P.C. Chandra Jules International Pvt. Ltd.,

83, Chowringee Road, Kolkata-700020.                                              ---------- Opposite Parties

Present :          Sri Sankar Nath Das, President.

                        Dr. A. B. Chakraborty, Member

Order No.   1 8    Dated  3 0 / 0 1 / 2 0 1 2 .

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by Dr. Latikla Lahiri against the o.p. State Bank of India and another. The case of the complainant in short is that on 15.1.10 complainant ordered for a gold jewelry to P.C. Chandra Jewelers o.p. no.3 and issued a cheque bearing no.614213 dt.15.1.10 drawn on State Bank of India, Elgin Road Branch for an amount of Rs.49,543/-. He possessed a SB A/C no.110062771061 with State Bank of India. Afterwards when the complainant went to the o.p. no.3 for taking delivery of the jewelry he was told that the cheque he issued had been dishonoured with the endorsement “other reasons”. He felt humiliated and approached the said branch of o.p. no.2 to enquire about the reason for such dishonoured of cheque as he had sufficient balance in his account, but no suitable answer was received by him from the staff of the said bank. He made repeated attempts for knowing the reasons of dishonouring his cheque but in vein. Hence the instant case with a prayer contained in the prayer portion of the petition of complaint.

            All the o.ps. had entered their appearance by filing w/vs denying all the material allegations labeled against them and prayed for dismissal of the case. O.p. nos.1 and 2 in their w/v admitted that complainant had sufficient money in his account and the chqeue came at SBI in the clearing processing centre for encashment of the chqeue issued by the complainant. Para e & f at page 2 of the w/v of o.p. nos.1 and 2 are not sustainable for dishonouring the cheque with an endorsement for “other reason” to a bona fide customer / complainant who had sufficient money lying his account and this is a clear deficiency on the part of the o.p. nos.1 and 2 to its consumer / complainant as a fame and social status of the complainant was lower down before eyes of the people around and in particular for which the complainant intended to purchase the jewelry was direly frustrated and resulting in humiliation of the complainant as well as to o.p. no.3 and complainant is entitled to relief as prayed for.

            Hence, ordered,

            That the petition of complaint is allowed on contest with cost against the o.p. nos.1 and 2 and without cost against the o.p. no.3. O.p. nos.1 and 2 are hereby jointly and/or severally directed to pay a compensation of Rs.1,00,000/- (Rupees one lakh) only for harassment, mental agony and humiliation and the litigation cost of Rs.10,000/- (Rupees ten thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall carry over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties.

   _____Sd-____                                                    _____Sd-_______

     MEMBER                                                           PRESIDENT