BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.456 of 2015

Date of Instt. 20.10.2015

Date of Decision :17.05.2016

Joginder Kaur wife of Harbhajan Singh R/o H.No.164, Tower Enclave, Phase-III, Jalandhar.

..........Complainant

Versus

1. State Bank of India, Civil Lines, Jalandhar through its Branch Manager.

2.Punjab National Bank, Daviet, Kabir Nagar, Jalandhar through its Branch Manager.

.........Opposite parties

Complaint Under the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Sh.Parminder Sharma (Member)

Present: Sh.Ashish Goyal Adv., counsel for the complainant.

Sh.Jagjit Singh, Spl.Asst.for OP No.1.

Sh.Manmohan Sharma Adv., counsel for OP No.2.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under the Consumer Protection Act against the opposite parties on the averments that the complainant has saving bank account with the OP No.2, Punjab National Bank. Complainant submitted that he has taken one life insurance policy bearing No.IK025955304 from SBI Life Insurance and issued cheque bearing No.082361 dated 10.9.2015 for Rs.2,50,000/- as first premium in favour of SBI Life Insurance from his bank account with Punjab National Bank i.e. OP No.2. The SBI Life Insurance has presented the said cheque through his banker i.e. OP No.1 State Bank of India but OP No.2 returned/dishonoured the cheque with remarks “Kindly contact drawer/drawee bank and please present again”. Due to return of the said cheque, the policy of the complainant was cancelled by the SBI Life Insurance Company. Complainant further submitted that on 15.9.2015 when the aforesaid cheque was dishonoured/returned by OP No.2 to OP No.1, the complainant had Rs.5,02,924.01/- in his account. Despite this fact that complainant has sufficient fund at his credit, OP No.2 returned the cheque to OP No.1. OP No.2 also deducted the bouncing charges of Rs.228/- from the account of the complainant. As a result of all this, the dignity of the complainant has been lowered. On such averments, the complainant has prayed for compensation and litigation expenses.

2. Upon notice, OPs appeared through counsel and filed written reply. OP No.1 filed written reply pleading that the alleged cheque was never dishonoured for any act on the part of OP No.2. OP No.2 on 25.9.2015 on receipt of complaint from the complainant, on inquiry from the concerned Regional Collection Centre, OP No.2 came to know that particular of the alleged cheque were never displayed in the internet system and for this reason the Regional Collection Centre returned the alleged cheque with remarks “kindly contact drawer/drawee bank”. The complainant was issued cheque book No.UJM082361282380 on 10.9.2015 (Thursday) by OP No.2 and on the same day, the complainant issued alleged cheque which was received for clearing by the Regional Collection Centre on 15.9.2015 (Tuesday). 12.9.2015 and 13.9.2015 being Saturday and Sunday holidays. So, the particulars of the cheque book issued to the complainant could not be displayed in the internet system. On receipt of representation dated 25.9.2015 from the complainant, the OP No.2 immediately in order to compensate the loss suffered by the complainant issued demand draft for Rs.2,50,000/- from the account of the complainant without charging any amount for preparing demand draft. The OP No.2 also recommended for the refund of Rs.228/- to the account of the complainant and the same was refunded on 21.11.2015 to the account of the complainant.

3. OP No.3 did not file any written reply.

4. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit of the complainant Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C5 and closed evidence.

5. On the other hand, Sh.Jagjit Singh, Spl.Asst.of OP No.1 has tendered affidavit Ex.OP1/A alongwith copy of document Ex.OP1/1 and closed evidence. Further learned counsel for OP No.2 has tendered affidavit Ex.OP2/A alongwith copies of documents Ex.O2/1 to Ex.O2/5 and closed evidence.

6. We have heard the Ld. counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.

7. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant has saving bank account with the OP No.2 Punjab National Bank. Complainant submitted that he has taken one life insurance policy bearing No.IK025955304 from SBI Life Insurance and issued cheque bearing No.082361 dated 10.9.2015 for Rs.2,50,000/- as first premium in favour of SBI Life Insurance from his bank account with Punjab National Bank i.e. OP No.2. The SBI Life Insurance has presented the said cheque through his banker i.e. OP No.1 State Bank of India but OP No.2 returned/dishonoured the cheque with remarks “Kindly contact drawer/drawee bank and please present again”. Due to return of the said cheque, the policy of the complainant was cancelled by the SBI Life Insurance Company. Complainant further submitted that on 15.9.2015 when the aforesaid cheque was dishonoured/returned by OP No.2 to OP No.1, the complainant had Rs.5,02,924.01/- in his account. Despite this fact that complainant has sufficient fund at his credit, OP No.2 returned the cheque to OP No.1. Not only this, OP No.2 also deducted the bouncing charges of Rs.228/- from the account of the complainant. As a result of all this, the dignity of the complainant has been lowered. The complainant also served notice dated 25.9.2015 Ex.C5 to the OP No.2 to know the reasons of returning/dishonouring of the aforesaid cheque but OP No.2 did not submit any reply. The learned counsel for the complainant submitted that all this amounts to deficiency in service on the part of the OPs qua the complainant.

8. Whereas the case of the OP No.2 is that the alleged cheque was never dishonoured for any act on the part of OP No.2. OP No.2 on 25.9.2015 on receipt of complaint from the complainant, on inquiry from the concerned Regional Collection Centre, OP No.2 came to know that particular of the alleged cheque was never displayed in the internet system and for this reason the Regional Collection Centre returned the alleged cheque with remarks “kindly contact drawer/drawee bank”. The complainant was issued cheque book No.UJM082361282380 on 10.9.2015 (Thursday) by OP No.2 and on the same day, the complainant issued alleged cheque which was received for clearing by the Regional Collection Centre on 15.9.2015 (Tuesday). 12.9.2015 and 13.9.2015 being Saturday and Sunday holidays. So, the particulars of the cheque book issued to the complainant could not be displayed in the internet system. On receipt of representation dated 25.9.2015 Ex.C5 from the complainant, the OP No.2 immediately in order to compensate the loss suffered by the complainant issued demand draft for Rs.2,50,000/- from the account of the complainant without charging any amount for preparing demand draft. The OP No.2 also recommended for the refund of Rs.228/- to the account of the complainant and the same was refunded on 21.11.2015 to the account of the complainant. The learned counsel for the OP submitted that under these circumstances, there is no deficiency in service on the part of the OP No.2 qua the complainant.

9. Whereas, there is no dispute of the complainant with OP No.1.

10. From the entire above discussion, we have come to the conclusion that complainant has saving bank account No.4699000100001178 with the OP No.2 Punjab National Bank. Complainant got life insurance policy bearing No.IK025955304 from the SBI Life Insurance and issued cheque bearing No.082361 dated 10.9.2015 for Rs.2,50,000/- as first premium in favour of the SBI Life Insurance from his aforesaid bank account with Punjab National Bank i.e. OP No.2. The SBI Life Insurance Company presented the aforesaid cheque for encashment through their banker i.e. OP No.1 but on 15.9.2015 OP No.2 returned/dishonoured the cheque with remarks “Kindly contact drawer/drawee bank and please present again”. As the OP No.2 returned/dishonoured the aforesaid cheque, the SBI Life Insurance Company cancelled the policy of the complainant vide letter dated 29.9.2015 Ex.C1 and returned/ dishonoured cheque to the complainant. The complainant had Rs.5,02,924.01/- to his credit in his aforesaid account with OP No.2, on 15.9.2015 when the aforesaid cheque of the complainant was dishonoured by OP No.2 bank, as is evident from statement of account of the complainant Ex.C4 issued by OP No.2. All this shows that OP No.2 committed deficiency in service in dishonouring/ returning the cheque of the complainant. The plea of the OP that cheque book was issued to the complainant on 10.9.2015 and he issued cheque in favour of the SBI Life Insurance Company on 10.9.2015 and the aforesaid cheque was received for clearing by Regional Collection Centre on 15.9.2015. On 12.9.2015 and 13.9.2015 being Saturday and Sunday were bank holidays. So, particulars of the alleged cheque could not be displayed in the internet system and for this reason the Regional Collection Centre returned the alleged cheque is not tenable because when the OP No.2 issued cheque on 10.9.2015 it was their duty to display the particulars of the cheque in the internet system on the same very day i.e. 10.9.2015 or on the next day i.e. 11.9.2015 but OP No.2 failed to display the particulars of the alleged cheque in the internet system upto 15.9.2015. All this shows deficiency rather carelessness on the part of the officials of the OP No.2 bank. So, it stands fully proved on record that OP No.2 dishonoured/ returned the aforesaid cheque of the complainant illegally, arbitrary which amount to clear deficiency of service on the part of the OP No.2. Not only this, the OP No.2 debited/deducted cheque bouncing charges Rs.228/- from the account of complainant. The OP No.2 had no explanation to deduct this amount of Rs.228/- from the account of the complainant with OP No.2. No doubt when complainant filed complaint dated 25.9.2015 in this regard, then OP No.2 opened their eyes and admitted their fault and they issued bank draft of Rs.2,50,000/- to the complainant and refund this amount of Rs.228/- illegally deducted from the account of the complainant as cheque bouncing charges to the account of the complainant on 21.11.2015 i.e. after filing of the present complaint by the complainant on 20.10.2015. So, certainly there is deficiency rather clear cut negligence on the part of the OP qua the complainant as a result of which, the SBI Life Insurance Company cancelled the policy of the complainant and in this regard issued letter dated 29.9.2015 Ex.C1 to the complainant and also returned the dishonoured cheque to the complainant, as a result of which, the dignity of the complainant was also lowered and the complainant suffered mental agony and harassment at the hands of the OP No.2.

11. Resultantly, we allow the complaint with cost and OP No.2 is directed to pay compensation to the tune of Rs.20,000/- to the complainant within one month from the date of receipt of copy of this order. OP No.2 is also directed to pay cost of litigation to the complainant to the tune of Rs.2000/-. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Bhupinder Singh

17.05.2016 Member President