Date of Judgment: Wednesday, the 5th August, 2015
JUDGMENT
The instant Petition of complaint filed u/s. 17 of the Consumer Protection Act, 1986 alleging deficiency in service on the part of the Opposite Party.
The case of the Complainant in brief is that the Complainant in order to earn his livelihood carries small proprietorship business and for that avails of a cash-credit facility provided by the Opposite Party Bank and accordingly, open a cash-credit account being no.10322811919. Credit Facility was up to INR 17,50,000/-. The Complainant deposited 5(five) Nos. of KVP valued INR 10,000/- each for co-lateral security. The Complainant has alleged that in spite of sufficient balance in his cash-credit account the Opposite Party Bank returned the Cheque being No.061128 dated 29.04.2010 issued by the Complainant to a merchant in connection with his business. However, subsequently the Opposite Party Bank admitted the fact vide letter dated 06.05.2010 stating that in spite of sufficient fund the cheque was returned. Thereafter, on three subsequent occasions the same thing have been happened which spoiled the goodwill of the Complainant in relation to his business in the market. These activities on the part of the Bank, as the Complainant has alleged, caused much sufferings to the Complainant and his family members for which by filing instant Petition of complaint has prayed for award of INR 20,00,000/-towards compensation and INR 1,00,000/- towards cost of litigation payable by the Opposite Party Bank to the Complainant.
A.D. Card attached with the envelope containing the Notice to the Opposite Party has been signed duly from the end of the addressee but in spite of that the Opposite Party did not turned up. Hence, the complaint case is proceeded ex-parte against the Opposite Party.
In course of hearing of the complaint case the Ld. Advocate for the Complainant has submitted that the Bank dishonoured cheques issued by the Complainant in connection with his business. Ld. Advocate for the Complainant has further stated that the Bank with mal intention encashed the 5 Nos. of K.V.P. which were deposited as co-lateral security before the due date which also caused financial loss to the Complainant. Ld. Advocate for the Complainant has prayed for direction upon the Opposite Party Bank to compensate aptly the Complainant for sufferings and harassment caused by the Opposite Party.
Having heard the submission made by the Ld. Advocate for the Complainant and perusal of the documents on record it appears that the Bank has dishonoured the cheques issued by the Complainant and thereafter, admitted the same by issuing letter. However, on two occasions Bank has deducted the charges for returning the cheques. It is evident from the documents on record that the Opposite Party Bank has deviated from the standard of service which it was supposed to render. It is also evident that three cheques issued by the Complainant were dishonoured by the Oppoiste Party Bank without any valid reason which is glaring example of deficiency in such for which the Bank is liable to compensate the Complainant adequately.
In the result, the Petition of complaint succeeds in part.
Hence, ordered that the instant complaint case being No.CC/208/2014 is allowed in part ex-parte against the Opposite Party Bank with cost.
The Opposite Party/Bank is directed to pay Rs.50,000/- towards compensation to the Complainant within 30 days from the date of communication of this order, failing which entire amount shall carry a interest 10% per annum till the realisation in full thereof.
