(Per Shri Narendra Kawde, Hon’ble Member)
(1) This appeal is directed against the order dated 29/08/2011 passed in Consumer complaint No.02/2011 (Sou.Pushpa Suresh Chakare vs. State Bank of India). The District Forum dismissed the consumer complaint of the appellant/complainant on the ground that no deficiency could be established against the respondent/opponent-State Bank of India (hereinafter referred to as ‘SBI’) in dishonouring the cheque issued by the complainant for subscribing insurance company and avail the tax benefit thereunder.
(2) It is undisputed that the complainant that the complainant is a bank account holder with the opponent SBI having S/B A/c. No.01190040074. Cheque bearing No.360160 dated 21/03/2009 for an amount of `1 lac was issued by the complainant in favour of ICICI Prudential Life Insurance Co. The said cheque was dishonoured on the ground of insufficient funds in the account of the complainant. Accordingly, the complainant was intimated in writing. The said cheque book was operated by the complainant earlier and no cheque utilized from the said cheque book was ever dishonoured by the opponent SBI.
(3) The appeal has been preferred by the original complainant as the consumer complaint was dismissed by the District Forum holding no deficiency in service on the part of the opponent SBI.
(4) The correct bank account number of the complainant is admittedly 01190040074. However, in the said cheque book, the account number of the complainant was erroneously mentioned as 0091190040094. It is the contention of the bank that by oversight, there was a printing mistake and without any intention the cheque was dishonoured as the printing wrong and was not corrected, thought the complainant was directed to submit the said cheque book for carrying out the correction of the account number as operated by the bank. However, on perusal of the record, we do not find any direction issued in writing to the complainant for submission of the cheque book to carry out the correction and therefore we find that the complainant was unaware of any directions from the Bank. Ultimately, the wrong account number was dealt with by the bank for said cheque instead of the correct account number. No explanation has come forward as to why the correction in the cheque book was not carried out and how the complainant was made to suffer to avail income tax benefit by subscribing insurance policy prior to 31/03/2009.
(5) The District Forum has erroneously held that there is no deficiency in service on the part of the opponent SBI in dishonouring the cheque. Though there is no documentary evidence to show that the complainant suffered loss of `19,323/- as he could not avail the benefit of income tax saving. However, negligence attitude of the bank in not carrying out the prior correction in the bank account number in the cheque book and considered the wrong account for dishonouring of the cheque. We hold accordingly and pass the following order.
ORDER
(1) Appeal is partly allowed.
(2) The impugned order dated 29/08/2011 in Consumer Complaint No.02/2011 passed by the District Forum, Sindhudurg is set aside.
(3) The respondent/opponent bank is directed to pay an amount of `10,000/- to the appellant/complainant towards mental agony.
(4) No order as to costs.
Pronounced on 05th March, 2013.
