: J U D G M E N T :
The petitioners filed the instant case under Section 12 of the Consumer Protection Act, 1986 against the opposite party, SBI, Kalyani Industrial Growth Centre.
Case of the petitioner in brief:-
The petitioner, Shri Manotosh Kr. Madhu, who is a retired employer of Indian Air Force is a customer of the OP Bank received a cheque bearing No. 774571, dtd. 06.08.2013 from his ex-employer for an amount of Rs. 4080/-. Incidentally the cheque came directly to be OP bank under letter ref. No. Air/HQ/99798/689338/01/2010/NE DAV dtd. 26.07.2013. The issuing authority advised the Manager of SBI, Kalyani to credit the amount in the petitioner’s Savings Account No. 20014103944. But till the filing of the instant case OP did not give credit to the cheque even after several requests and correspondence. The petitioner informed the matter to GM, SBI Corporate Centre, Mumbai with a copy to SBI, Kalyani but that two did not fetch any fruitful result. The petitioner was at a loss as to the fate of the cheque. In such a situation having no other alternative he was compelled to come before the Forum to get redressal. He has also prayed for the following relief.
- To get refund of money of Rs. 4080/- from the OP along with the compensation of Rs. 90,000/- and litigation cost of Rs. 5000/-.
The OP contested the case by filing written version wherein they admitted the fact of getting the cheque of Rs. 4080/- from director of A.V. Air Head Quarters, Subrata Paul, New Delhi on 26.08.13. the OP also admits that the cheque amount was not transferred to the petitioner’s A/C within the validity period of the instrument because the drawee Bank i.e., Kanara Bank, Subrata Paul Branch, New Delhi was not in the clearing mode at that material point of time. This fact came to light only when the OP SBI, Kalyani made correspondences with the SBI, Kolkata and the Kanara Bank, New Delhi regarding the fate of the alleged cheque. The OP Bank received the cheque on 26.08.13 and send the same for clearance to SBI, Kolkata on the next day i.e., 27.08.2013. The Kolkata Branch without delay sent the same for clearance / payment. But the drawee bank neither paid the cheque amount nor issued the non-payment certificate but returned the instrument to the OP on 21.07.2014 which is nearly after one year. It is a submission of the OP that they never sat idle but always on the job and tried the level best to give relief to the petitioner. they also wrote a letter to the ex-employee for issuing a fresh cheque or revalidation of the old one but they did not show any positive gesture. At last the OP bank finding no solution credited the amount of Rs. 4080/- along with penal interest of Rs. 138.7 on 22.08.2014 to the petitioner’s savings bank account. OP submits that they filed all the relevant documents in support of their awareness and prays for dismissal of the case being mala fide and intentional.
Parties were given opportunity to file affidavit-in-chief. Petitioner filed the same and it also made by the OP in the form of questionnaire. But OP did not file the chief in spite of getting several opportunities. Petitioner filed a written argument.
From the pleadings and affidavit-in-chief of the petitioner as well as written version of the OP we frame the following issues:-
1) Is the petitioner a consumers under the OP?
2) Is the OP deficient in providing service to the petitioner?
3) Is the petitioner entitled to get relief from the OP?
REASOND DECISIONS
1. The petitioner is a consumer under the OP as he holds a savings A/c bearing No. 20014103944 with the OP bank.
2 & 3
These points are taken up together for sake of brevity and convenience.
In order to arrive at a decision regarding the deficiency of the OP we have to give stress on the various dates on which the OP took steps for getting the payment of the cheque amount. The OP received a letter from Indian Air Force (Directorate of Veterans) bearing No. Air/HQ/99798/689338/01/2010/NE DAV dtd. 26.07.13 on 26.08.13 under the cover of which the cheque of Rs. 4180 dtd. 06.08.2013 were sent by the sender. The same cheque was sent for clearance by the OP on 27.08.13 to SBI, Kolkata. It was later learnt that the drawee bank, Kanara Bank did not honour the cheque when the OP wrote a letter memo No. BR/GEN/36 dtd. 31.05.2014. OP also sent a written representation to the Director of Air Veterans, Air HQ, Subroto Park, New Delhi, the ex-employer of the petitioner vide memo No. RBOSL/23/133(AH) after getting back the cheque from the Drawee Bank on 21.07.14 with a request to revalidate the cheque or issue of fresh cheque in favour of the petitioner. Waiting for a reasonable time for reply OP again wrote a letter to the Director of Air Veterans, Air HQ, Subroto Park, New Delhi, dtd. BR/ACOH/2014/7/13 DTD. 04.08.14. That two was not attended by Director of Air Veterans, Ex-employer of the petitioner. Lastly, OP credited the amount of Rs. 4218.37 to the petitioner’s savings account and intimated the same to him vide letter No. BR/ACOH/2014/A/15 dtd. 22.08.14. it is to be noted here that the alleged cheque was dtd. 06.08.2013 and was valid for 3 months. The sender sent the cheque to the OP after 20 days i.e., on 26.08.2013 and hence, only two months ten days was left in the hands of the OP to give the credit to the alleged cheque. From the various dates we find that OP was silent and did not take any attempt to get the payment within the valid periods i.e., 05.08.2013. OP’s attempt only started form 31.05.2014 by sending a letter to the Drawee Bank, Canara Bank, New Delhi Branch and ended on 22/08/2014 by credit to the petitioner’s A/C. It is pertinent to mention here that OP credited the amount after 22 days from the date of filing of the instant case. So we come to the conclusion that though the credit was given to the petitioner’s account still OP is deficient in their services for not taking proper steps within proper time, otherwise, the complainant could not have to file the instant case. Hence, the petitioner is entitled to get the reliefs from the OP.
IPO paid is correct.
Hence,
Ordered,
That, the case CC/2014/108 be and the same is allowed on contest against the OP with cost.
The OP is directed to pay a compensation of Rs. 3,000/- for mental agony and pain along with litigation cost of Rs. 2,000/- within one month from the date of passing the order, in default, the decretal amount of Rs. 5000/- (Rs. 3000/- + Rs. 2000/-) will carry interest @ 9% per annum till final payment.
Let a copy of this judgment be delivered to the parties free of cost.
