Consumer Complaint No. 86 of 2016
Date of filing: 13.5.2016 Date of disposal: 20.12.2016
Complainant: Raj Kumar Chakraborty, S/o. Late Madan Mohan Chakraborty, resident of Vill. & PO: Hirapur, Via: Burnpur, District: Burdwan, PIN – 713 325.
-V E R S U S-
Opposite Party: State Bank of India, Burnpur Branch, Branch Code 0049, represented by its Branch Manager, having its office at: Prof. Abdul Bari road, Burnpur, PO: Burnpur, District: Burdwan, PIN – 713 325.
Present: Hon’ble President: Sri Asoke Kumar Mandal.
Hon’ble Member: Smt. Silpi Majumder.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant: Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party: Ld. Advocate, Saurabh Dey.
J U D G E M E N T
This complaint is filed by the Complainant u/S. 12 of the Consumer Protection Act, 1986 alleging deficiency in service, as well as, unfair trade practice against the OP as the OP did not deposit the cheque amount in his account till filing of this complaint.
The brief fact of the case of the Complainant is that he joined newly at Nuni Upper Primary School as an Assistant Teacher in the last quarter of the year 2014. Previously he was an employee of Howrah City Police as Sub-Inspector of Police till 2014. At the time of giving resignation letter before his previous employer, the said employer issued an account payee cheque bearing number 343879 amounting to Rs.12,491=00 dated 21.08.2014. The said account payee cheque was issued by the Howrah Treasury-I, Government of West Bengal. The OP had deducted Rs.163=00 as service charge. After returning at his residential house the Complainant deposited the cheque before the OP on 13.11.2014 at their ‘Drop Box’. He has a savings bank account in the said branch bearing number 31869705901 since 2011. The Complainant noticed that the OP had neither credited the cheque amount in the account nor give any intimation regarding the status of the cheque. After lapse of one week from the date of submitting the cheque when he did receive any intimation, he made contact with the officials of the OP, but at that time the OP did not furnish any intimation to him. Having no alternative the Complainant lodged complaint in the website of the OP on 19.12.2014 and 26.12.2014 before the General Manager and Chairman, State Bank of India respectively but to no effect. In the month of January, 2015 the Complainant received a letter from the end of the OP dated 06.01.2015 along with a memo and the cheque deposited by him. From that letter and memo the Complainant came to learn that the OP returned the cheque to him being out dated one. Upon getting such information the Complainant became surprised because he deposited the cheque before the OP on 13.11.2014, which was 08 days prior of its expiry. It was more surprising that whereas the memo was issued on 26.11.2014, but the OP send the same to him in the month of January, 2015. Moreover the OP neither take any step to credit the cheque amount in his saving account inspite of taking service charge of Rs.163=00 nor they bother to give him any information where the Complainant from the last week of November, 2014 on several occasions requested the OP for providing him information regarding the status of the cheque verbally as well as through e-mail. Being aggrieved with such action of the OP and having no alternative the Complainant knocked the door of the Consumer Affairs Department, Durgapur. The said Department arranged a tripartite meeting where the OP intimated the Complainant for submitting the cheque before them through e-mail dated 01.12.2015 & 03.12.2015. In reply the Complainant intimated the OP through e-mail dated 04.12.2015 to receive the cheque at the tripartite meeting conducted by the Department, Durgapur after issuing proper receipt against the same. Though one representative of the OP attended the meeting and assured that the Complainant that they will give redressal to him, but thereafter no intimation has been received by the Complainant from the end of the OP. As such the Complainant being compelled had filed this complaint. Finding no other alternative the Complainant has approached before this Ld. Forum by filing this complaint praying for direction upon the OP to pay a sum of Rs.12,491=00 to him towards the cheque amount, to pay a sum of Rs.50,000=00 as compensation due to mental pain, agony and harassment and litigation cost of Rs.20,000=00 to him.
The petition of complaint has been contested by the OP by filing written version contending that one cheque bearing no-343879 dated 21.08.2014 of Rs.12,491=00 was issued by Additional Treasury Officer, Howrah Treasury, Government of West Bengal in favour of the Complainant. The said cheque was submitted by the Complainant before this OP on 13.11.2014 for crediting the amount in his savings bank account no-31869705901 after 2 months and 24 days from the date of issue of the said cheque. Thereafter this OP sent the cheque for collection to the SBI, Howrah Branch as the said cheque was outstation cheque and subsequently SBI, Howrah Branch returned the said cheque to this OP-SBI, Burnpur Branch vide cheque return memo dated 26.11.2014 with the reason that the said cheque is outdated. Thereafter the OP informed the said fact to the Complainant by issuing letter dated 06.01.2015 that this OP is unable to obtain payment of the said cheque for the reason given in the cheque return memo and this OP returned the cheque for revalidation. It is stated by the OP that it has debited a sum of Rs.163=00 from the saving bank account of the Complainant towards service charge. When the cheque was returned unpaid then this OP had no option except going for revalidation. This Op conveyed the same to the Complainant at the time handing over the cheque, but the he denied to co-operate with the OP in the process of revalidation and told that he will recover the money from the bank only. The OP tried to convince the Complainant time and again over phone during personal meeting and e-mail to extend co-operation, but did not extend any co-operation to the OP and did not submit the cheque for a prolonged period. In the tripartite meeting the Complainant was requested to submit the cheque at the branch of the OP to facilitate revalidation and for payment at the earliest, but inspite of such request the Complainant did not deposit the same with this OP. So the alleged claim of the Complainant as sought for in the complaint from this OP is untenable, misconceived and vexatious one. As there is no deficiency in service as well as unfair trade practice on its behalf the OP is not liable to make any payment towards compensation and cost as prayed for. According to the OP as the complaint is devoid of any merit, the same should be dismissed with cost of Rs.10,000=00.
The Complainant has adduced evidence on affidavit along with some documents in support of his contention. The Op has filed written notes of argument with a copy to the Complainant.
We have carefully perused the record; documents filed by the contesting parties, WNA filed by the OP and heard argument at length advanced by the Ld. Counsel for the parties. It is seen by us that there are some admitted facts in the case in hand i.e. before joining in the school as an Assistant Teacher the Complainant was an employee of Howrah City Police as Sub-Inspector till 2014, at the time of submitting resignation letter before his previous employer an account payee cheque was given to him for Rs.12,491=00 dated 21.08.2014, the cheque was issued by Additional Treasury Officer, Howrah Treasury, Government of West Bengal in favour of the Complainant, the Complainant submitted the cheque before the OP on 13.11.2014 for crediting the amount in his S/B account no-31869705901, due to outstation cheque service charge was deducted by the OP for Rs.163=00 as per norms, the cheque was sent for collection to the SBI, Howrah Branch, SBI, Howrah Branch returned the said cheque to this OP being outdated vide cheque return memo dated 26.11.2014, the OP informed this matter to the Complainant by issuing letter dated 06.01.2015, the Complainant approached before the Department of Consumer Affairs, Durgapur for redressal of his grievance, tripartite meeting was held, the Complainant was told by the OP to submit the cheque before the OP for revalidation, the Complainant did not approach before the OP. The allegation of the Complainant is that the OP did not take any step to credit the cheque amounting to Rs.12,491=00 in his savings bank account till filing of this complaint inspite of deducting Rs.163=00 as service charge. The contention of the OP is that inspite of request the Complainant did not submit the questioned cheque before this OP for encashment and revalidation.
During argument the Ld. Counsel for the OP has argued that being an educated and prudent person the Complainant submitted the questioned cheque before this OP for encashment on 13.11.2014 where the date of issue of the cheque was 21.08.2014. It is well known that any cheque is valid for three months and thereafter it will lapse. Knowing fully well the Complainant submitted the cheque after two months and twenty three days from the date of issue of the same i.e. 07 days prior to the date of expiry. As it was an outstation cheque the OP duly sent the same to the SBI, Howrah Branch for collection and during its transit 07 days was over and the cheque became invalid. The SBI, Howrah Branch returned the said cheque to the OP along with return memo dated 26.11.2014 showing the reason for return as ‘outdated’. The ld. Counsel for the Complainant has argued that where the OP received the return memo from the SBI, Howarh Branch on 26.11.2014, why the OP intimated him by issuing letter on 06.01.2015 i.e. after one month and nine days from the date of receipt of the return memo, no cause has been assign by the OP and such dilly-dallying practice of the OP can be termed as deficiency in service on its part. In this respect we are to say that in the Consumer Forum adjudication is to be done through Natural Justice. It is true that upon receipt of the return memo from the SBI, Howrah Branch on 26.11.2014, the OP intimated the matter to the Complainant by issuing letter on 06.01.2015 i.e. after one month and nine days and for such delay intimation no cause is shown by the OP. In this respect we are to direct the OP to be more vigilant in future. On the other side the Complainant is also be directed to be more cautious and careful in submitting any cheque within due period for collection and encashment of any cheque with the Bank. In this case admittedly the Complainant submitted the cheque before the OP for encashment and collection of money after lapse of two months and twenty-three days. Why at this belated stage the cheque was deposited by the Complainant, no cause has been assigned by the Complainant where it was within his knowledge that any cheque is valid for three months from the date of issue. Therefore if we hold that the service and action of the OP suffers from deficiency in service then we should hold that there is contributory negligence towards the entire occurrence of the incident on the part of the Complainant. But it goes without saying that the Complainant is entitled to get the cheque amount. As the OP has mentioned that it tried to take step to revalidate the questioned cheque, hence in our view it will be proper if we direct the OP to revalidate the said cheque. In the prayer portion the Complainant has sought for compensation and cost, but as actions of the Complaint as well as the OP are suffering from its deficiency, we are not inclined to impose compensation upon the shoulder of the OP and without submitting the cheque before the OP as this complaint is initiated by the Complainant i.e. without discharging his liability this complaint filed, hence he is also not entitled to get any litigation cost.
Going by the foregoing discussion hence, it is
O r d e r e d
that the complaint is allowed on contest without any cost. The Complainant is directed to submit the cheque amounting to Rs.12,491=00before the OP within 15 days from the date of this judgment. Thereafter the OP shall take step to revalidate the same and after collecting the cheque amount credit the same in the savings account of the Complainant within 15 days from the date of submitting the cheque before the OP, in default the cheque amount shall carry interest @6% p.a. for the default period.
Let plain copies of this order be supplied to the parties free of cost as per provisions of Consumer Protection Regulations, 2005.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Silpi Majumder)
Member
DCDRF, Burdwan
(Pankaj Kumar Sinha) (Silpi Majumder)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
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