PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 106/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Mst. Kalpana Sahu,

W/o- Late Kanhu Sahu,

R/o- New Market Hirakud, PO/PS-Hirakud,

Dist-Sambalpur-768016, Odisha.                                  …………........Complainant

Vrs.

State Bank of India, Hirakud Branch

Represented Through the Branch Manager

Po/Ps-Hirakud

Dist-Sambalpur-768016, Odisha.                                   ….…...…….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. R.P. Nanda, Adv. & Associates
2. For the O.P.                        :- Ex-parte

Date of Filing:26.06.2023,     Date of Hearing :17.10.2023      Date of Judgement : 21.11.2023

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that on 20.05.2023, the Complainant deposited a cheque for Rs. 6,00,000/- which was processed on 29.05.2023 and dishonored by the OP with the remark, ‘ Funds insufficient’ though the Account was having balance of Rs. 6,04,720/- on the date of processing. The Complainant received the intimation of dishonor on 30.05.2023. The OP has also illegally deducted Rs. 590/- from the above stated Account of the Complainant as penalty for Dishonor of the Cheque, for which she is loosing interest on this deducted amount. This illegal deduction of the OP has caused mental agony and harassment to the complainant and makes him liable for deficiency of Service for which he is liable to pay compensation to the Complainant.
2. The OP did not submit Written Version and became set-exparte.
3. After perusing the records and evidences, it is found that the Complainant had sufficient fund in her Account but the OP dishonored the cheque with the remark, ‘Funds insufficient’. The OP has also deducted Rs. 590/- from the said Account of the Complainant as penalty for Dishonor of the said Cheque. So deficiency in service Established against the OP. Accordingly it is ordered.

ORDER

The O.P is directed to pay a sum of Rs. 590/- towards illegal deduction of the penalty amount of dishonored Cheque to the Complainants with 6% interest from the date of deduction till realisation, Rs. 1,00,000/- towards mental agony, harassment and deficiency in service as compensation and Rs. 5,000/- towards cost & litigation expenses to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization.

Order pronounced in the open Court today on 21^st day of Nov, 2023.

Free copies of this order to the parties are supplied.