PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-193/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Rajendra Kumar Panda ,

S/O-Late Brundaban Panda,

R/O-L-4/1 Mahabirpada, PO/PS-Dhanupali

Dist-Sambalpur-768005, Odisha.                          ……………..Complainant

Vrs

State Bank of India, Main Branch,

Sambalpur.                                                                     ……….....Opp.Party

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.                        :- Sri. L.K.Panigrahi & others

Date of Filing:20.06.2024,  Date of Hearing :27.08.2024,  Date of Judgement :01.10.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant purchased One activa Scooter from M/S Jas Honda, Sambalpur and paid Rs. 50,000/- through phonepe and rest amount Rs. 56,750/- through cheque No. 590374 dated 07.06.2024. At  07.36A.M a message was received “recd in clg Wl bepaid if in order contact your branch by 12.30 PM to-day if anot issued by you-SBI.” At 10.30AM another message came “Dear customer, your account number xxxxx781814 has a credit by cheque of Rs. 56750.00 on 11.06.2024. Available Bal. RS. 1,86,993.20P.” Another message thereafter followed, “Dear customer cheque No. 0000590374 for INR 56,750/- issued from A/C xxxx781814 dishonoured chrg. INR 177 deducted SBI”. The fine of Rs. 177/- is illegal. Further dishonour of cheque was damaged the prestige. On 18.06.2024 the dishonoured cheque was returned with a return memo. “Drawyer signature differ.” The Complainant being harassed filed this complaint.
2. The O.P.in reply submitted that the A/C payee cheque was issued by Complainant in favour of M/S Jas Motors for Rs. 56,750/-. Jas Motors deposited the cheque in Axis Bank, Sambalpur on 10.06.2024 and it was transmitted to clearing house on the same day. Message was sent that the cheque is received. Thereafter the cheque was dishonoured due to mismatching of signature. A signature on cheque signified authorisation for the mentioned payment makes it a powerful instrument.

Cheque was presented before Axis Bank, Sakhipada and the clearing house has no scope to recognise the person, who has issued the cheque. The dishonour is due to mismatching of the signatures. In this case Rs. 177/- has been debited from the Complainant. There is no deficiency on the part of O.P.

3. Perused the documents filed by the Complainant.

1. Cheque No. 590374 dated 07.06.2024 for Rs. 56,750/-.
2. Bank Endorsement-return memo.
3. Messages.
4. Counter foil of deposit.

4. The allegation of the Complainant is that the Bank dishonoured the cheque and imposed penalty of Rs. 177/- while clearing cheque No. 590374 for Rs. 56,750/- issued to M/S Jas Motors. The O.P. submitted that M/S Jas Motors placed the cheque before Axis Bank, Sambalpur on 10.06.2024 for clearance. Banks are meant for safe custody of money of the people. When the signatures differed the Bank has returned the cheque with endorsement “ Signature differs”. For interest of the customer the Bank has rightly dishonoured the cheque. When a cheque is dishonoured the customer has to bear the charges as prescribed i.e. Rs. 177/-.

There is no any deficiency on the part of the O.P. Accordingly the complaint has no merit. The case is dismissed.

Order pronounced in the open court on 1^st day of Oct. 2024.

Supply free copies to the parties.