State Bank of India V/S M/s Jupiter Traves - Consumer Court Case

Karnataka

Bangalore Urban

CC/09/478

M/s Jupiter Traves - Complainant(s)

Versus

State Bank of India - Opp.Party(s)

06 Jun 2009

ORDER

BANGALORE URBAN DISTRICT CONSUMER DISPUTES REDRESSLAL FORUM, BANGALORE, KARNATAKA STATE.
Bangalore Urban District Consumer Disputes Redressal Forum, Cauvery Bhavan, 8th Floor, BWSSB Bldg., K. G. Rd., Bangalore-09.
consumer case(CC) No. CC/09/478

M/s Jupiter Traves						...........Appellant(s)
Vs.
State Bank of India						...........Respondent(s)

BEFORE:

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

Complaint filed on 26.2.2009 Complaint Disposed on 06.06.2009 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE(URBAN) Dated: 06th of JUNE 2009 PRESENT:- SRI. S.S.NAGARALE SMT. M.YASHODHAMMA SRI. A.MUN IYAPPA. COMPLAINT NO.478/2009 COMPLAINANT Mr.Jupiter Travels, A Proprietary Concern Having its office at No.F-21 Indo Dubai Plaza, 1st floor, No.5, Rest House Road, Bangalore-560 001 Reptd. By its Proprietrix Smt. Shobha Mohan. V/s OPPOSITE PARTIES State Bank of India Dollars Colony Branch Bangalore-560 054, Represented by its Senior Branch Manager. ORDER This is a complaint filed U/s.12 of C.P. Act of 1986 by the complainant seeking direction against the OP (hereinafter called as Opposite Party) to refund Rs.5,372/- along with compensation of Rs.25,000/-alongwith interest and cost on the allegation of deficiency in service. 1. The brief averments as could be seen from the contents of the complaint are as follows: -2- The complaint engaged in the business of Travel Agency by name M/s Jupiter Travels, has a current account with the OP bank bearing No.10502678119. The complainant has deposited a cheque bearing No.08532 drawn on HSBC Bank for a sum of Rs.5372 with the OP bank on 08.09.2008. On 11.09.2008 OP has credited Rs.5,372/- to the account of the complainant. Then complainant received his statement of account he noticed that OP had debited the said amount from his account without any information and reason. The copy of the statement of account is produced. When complainant enquired with the staff of the OP they informed her that the said cheque has been returned on 17.10.08. Complainant requested the OP to return the said cheque so as to approach the drawn of the cheque for settlement of dues. She was informed that the said has been misplaced. When complainant approached the HSBC bank she was informed by the HSBC bank that the said cheque has honored by it. The copy of the correspondence and legal notice are produced. Due to this hostile attitude of the OP complainant was subjected to great inconvenience and denial of her own funds. Under the circumstances she caused legal notice to OP even then there was no response. Hence she was advice to file this complainant and sought for the reliefs accordingly. On appearance Op filed its version mainly contending that there was four cheques of the same amount, out of the four one of the cheque got bounced by mistake. The said cheque was refunded from the complainant account under the impression that it was the cheque belonging to the complainant. When the mistake was noticed OP took steps immediately to revert the said amount to the complainants account. As per statement OP has given corresponding credit on 5th February 2009. No doubt there is a delay of around six months. The OP could have taken steps immediately and credited the amount to the complainants account. The OP being a financial institution and service provider should see that its -3- customers/consumers are served in a better way without giving any scope for negligence or deficiency in service. Consumer Protection Act is enacted to protect and safeguard the better interest of the consumer. This is a computer age. The OP should not have taken so much time to credit his account with the cheque amount. However the OP has rectified the transaction. But delay in doing so must have naturally caused mental agony and financial loss to the complainant for no fault of his. Therefore complainant can be compensated by ordering OP to pay Rs.1000/- compensation and Rs.1000/- towards litigation cost. In the result we proceed to pass the following. ORDER The Complaint is disposed off as settled, since the OP has credited the cheque amount to the account of the complainant. However OP is directed to pay Rs.1000/- compensation and Rs.1000/- litigation cost to the complainant. This order is to be complied with in four weeks from the date of communication of the order. Send the copy of this order to both the parties free of cost. MEMBER MEMBER I/c PRESIDENT.

Complaint filed on 26.2.2009 Complaint Disposed on 06.06.2009 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE(URBAN) Dated: 06th of JUNE 2009 PRESENT:- SRI. S.S.NAGARALE SMT. M.YASHODHAMMA SRI. A.MUN IYAPPA. COMPLAINT NO.478/2009 COMPLAINANT Mr.Jupiter Travels, A Proprietary Concern Having its office at No.F-21 Indo Dubai Plaza, 1st floor, No.5, Rest House Road, Bangalore-560 001 Reptd. By its Proprietrix Smt. Shobha Mohan. V/s OPPOSITE PARTIES State Bank of India Dollars Colony Branch Bangalore-560 054, Represented by its Senior Branch Manager. ORDER This is a complaint filed U/s.12 of C.P. Act of 1986 by the complainant seeking direction against the OP (hereinafter called as Opposite Party) to refund Rs.5,372/- along with compensation of Rs.25,000/-alongwith interest and cost on the allegation of deficiency in service. 1. The brief averments as could be seen from the contents of the complaint are as follows: -2- The complaint engaged in the business of Travel Agency by name M/s Jupiter Travels, has a current account with the OP bank bearing No.10502678119. The complainant has deposited a cheque bearing No.08532 drawn on HSBC Bank for a sum of Rs.5372 with the OP bank on 08.09.2008. On 11.09.2008 OP has credited Rs.5,372/- to the account of the complainant. Then complainant received his statement of account he noticed that OP had debited the said amount from his account without any information and reason. The copy of the statement of account is produced. When complainant enquired with the staff of the OP they informed her that the said cheque has been returned on 17.10.08. Complainant requested the OP to return the said cheque so as to approach the drawn of the cheque for settlement of dues. She was informed that the said has been misplaced. When complainant approached the HSBC bank she was informed by the HSBC bank that the said cheque has honored by it. The copy of the correspondence and legal notice are produced. Due to this hostile attitude of the OP complainant was subjected to great inconvenience and denial of her own funds. Under the circumstances she caused legal notice to OP even then there was no response. Hence she was advice to file this complainant and sought for the reliefs accordingly. On appearance Op filed its version mainly contending that there was four cheques of the same amount, out of the four one of the cheque got bounced by mistake. The said cheque was refunded from the complainant account under the impression that it was the cheque belonging to the complainant. When the mistake was noticed OP took steps immediately to revert the said amount to the complainants account. As per statement OP has given corresponding credit on 5th February 2009. No doubt there is a delay of around six months. The OP could have taken steps immediately and credited the amount to the complainants account. The OP being a financial institution and service provider should see that its -3- customers/consumers are served in a better way without giving any scope for negligence or deficiency in service. Consumer Protection Act is enacted to protect and safeguard the better interest of the consumer. This is a computer age. The OP should not have taken so much time to credit his account with the cheque amount. However the OP has rectified the transaction. But delay in doing so must have naturally caused mental agony and financial loss to the complainant for no fault of his. Therefore complainant can be compensated by ordering OP to pay Rs.1000/- compensation and Rs.1000/- towards litigation cost. In the result we proceed to pass the following. ORDER The Complaint is disposed off as settled, since the OP has credited the cheque amount to the account of the complainant. However OP is directed to pay Rs.1000/- compensation and Rs.1000/- litigation cost to the complainant. This order is to be complied with in four weeks from the date of communication of the order. Send the copy of this order to both the parties free of cost. MEMBER MEMBER I/c PRESIDENT.