Complainant by filing this complaint has submitted that both the complainants are the savings account holder of State Bank of India, P.B. Branch, Salt Lake, Kolkata – 64 being SB A/C Nos. 30081393082 and 10021611820 and complainant no.2 is the father of complainant no.1.  Complainant no.1 stayed at Delhi for his work and deposited two cheques at SBI, Green Park, Extension Branch, Delhi for Rs. 2,39,500/- being cheque Nos. 113278 and for Rs. 3,85,000/- vide cheque No. 113270 on HSBC Bank and the said two cheques were supposed to be credited to his savings bank account at Salt Lake, Kolkata-64.

          But surprisingly both the two cheques which were deposited by the complainant no.1 at Delhi had not been credited in his father’s (complainant No.2) savings bank account at Salt Lake, Kolkata-64.  So, complainant no.1 started making enquiry about the fate of the said two cheques but all efforts were in vain.  But after regular pursuation finally bank informed through e-mail on 03.10.2008 that the said cheques were lost in transit at the time of national clearing.  In such a situation op/bank provided indemnity and also requested the complainant no.1 to handover fresh cheques so that bank could credit of the said amount of the cheques and inspite of such commitment and assurances, bank received fresh cheques but till date they did not credit of the said amount in the complainant’s savings bank account without any reason.

          Complainant no.1 deposited the two cheques for their financial need which were supposed to be credited in the account of his father i.e. complainant no.2 but due to laches and negligence on the part of the op, they are still unable to use the deposited amount.  In the above circumstances, both the complainants prayed that necessary order may be passed directing the op to compensate by paying Rs. 6,24,500/- of the said two deposited amount along with 12 percent interest p.a. over the said amount from the date of deposit and also further prayed for compensation of Rs. 1,00,000/- for harassment and mental agony and also other cost.

          On the other hand op/State Bank of India by filing written objection has submitted that the application is vexatious, misconceived and misconception of law.  The complainant has no locus standi to file the complaint and the complaint is liable to be dismissed due to non-joinder of necessary parties.  Op/SBI also submitted that complainant filed two cases being No.1323/2009 and 1324/2009 in respect of the same matter and as per law of the land the said two complaints in respect of the same matter is not maintainable and liable to be dismissed with costs.  Op/Bank also stated that there was no such cheque deposited at Bank and the mail copy which was submitted by the complainant is not the official mail of SBI the official mail id of SBI is  at the ratesbi.co.in.

          Bank further submitted that complainant deposited a cheque being no. 652987 of Rs. 4,76,000/- at SBI, Green Park Extension Branch on 14.02.2008 in SB A/c No. 30081393082 belong to SBI P.B. Branch Salt Lake, Kolkata and on 21.05.2008 two cheques being Nos. 113278 for Rs. 2,39,500/- and 113270 for Rs. 3,85,000/- deposited at SBI Green Park Extension Branch in respect of SB A/c No.10021611820 belong to same branch of Slat Lake, Kolkata but the said cheque were not encashed and thereafter complainant received email from where he came to know that the said cheque were lost in transit.

          Op no.1/SBI further submitted that the complainant to obtain illegal gains by claiming the above mentioned sum is imaginary and excessive and claim is not supported by any logic and it is frivolous as per section 26 of the C.P. Act 1986, so the complaint should be dismissed with cost.

          On the other hand op no.4 the Hongkong& Shanghai Banking Corporation Ltd. by filing written version has submitted that complainant never credited the two cheques in the account of the complainant no.2 and after enquiry, the complainant no.1 came to learn that the same were lost in transit and op no.4 stated that during the period from May, 2008 to November, 2008 the aforesaid two cheques were never presented before the answering op bank for encashment.  Further the complainant has not made any grievance against the answering op, so question of praying any relief against the answering op does not and cannot arise. So in view of the facts, the name of op no.4 may be expunged from the instant case.

          Decision with reasons

          On proper scrutiny of the complaint and the written version as filed by the both parties and also considering the argument as advanced by the Ld. Lawyers of both the parties and after overall evaluation of materials on record, it is found that in this case complainants are by relation son and father and complainant no.1 SubrojeetSyam, son of complainant no.2 DilipSyam.

          Fact remains that complainant no.1 SubrojeetSyam holds a SB A/C No. 30081393082 at SBI P.B. Branch, Salt Lake, Kolkata-64 whereas complainant no.2 DilipSyam holds a SB A/C No. 10021611820 of Salt Lake Branch, Kolkata – 64.

          As per complaint, complainant no.1 was working at Delhi and during his stay at Delhi, complainant no.1 deposited two cheques at SBI, Green Park Extension Branch, Delhi being cheque Nos. 113278 having an amount of Rs. 2,39,500/- and another cheque no. 113270 of an amount of Rs. 3,85,000/- of HSBC Bank and said two cheques were supposed to be credited to the SB A/C at Salt Lake Branch, Kolkata-64.

          As per complaint, the said two cheques had not been credited in the account of the complainant no.2 at his savings bank account at Salt Lake Branch, Kolkata-64 and both the complainants after thorough enquiry failed to get the fate of the said two cheques but without any result.

          On their pursuant on 03.10.2008 through email, it was reported by the Delhi SBI Green Park Extension Branch that the said cheques were lost in transit in National Clearing and the op/bank provided indemnity and also requested the complainant to handover a fresh cheque so that bank may give credit of the amount of the said two cheques.  Bank received the fresh cheque but till date did not credit of the said amount for the reasons best known to them.  But in respect of commitment and assurance, bank has not done anything and the said amount has not been credited in the SB Account of the complainant.

          It is also alleged in the complaint that complainant no.1 deposited the two cheques which were supposed to be credited in the account of the complainant no.2 for the benefit of the said amount but the demand of the complainant has not been fulfilled due to laches, negligence on the part of the op and in the circumstances, complainant has prayed for compensation to the extent of Rs. 6,24,000/- (deposited cheques amount of Rs. 2,39,500/- and Rs. 3,85,000/- along with 12 percent interest p.a. and further compensation etc.).

          In the present case op/SBI by filing written statement submitted that as per bank record of the Delhi Branch of SBI, they found that no such cheque was lost at their branch as stated by the complainant and as per their record, there is no such entry in National Clearing Register from the days under question and as per record, there is no such indemnity given or other as given by bank as claimed by the complainant and further it is specifically mentioned that the documentary evidence provided by the complainant, the mailer name is T.P. Singh and mailer’s address is whereas no such employee namely T.P. Singh was posted in the branch during the year 2008-09 and it is specifically mentioned that their official e-mail id domain is  at the ratesbi.co.in and they have also submitted that they are no way related with .  But fact remains in support of their contention, the op has filed a copy of the letter address to the Advocate of the complainant, SurajitAuddy vide their Ref No. BL/10/80 dated 14.07.2010.

          Now question is whether the cheque deposited slip dated 21.05.2008 as produced by the complainant are at all reliable or not.  On proper scrutiny of the said receipts, it is found that in the said counter slip being A/C No. 10021611820 and cheque No. is noted 113270 and 113278 having amount of Rs. 3,85,000/- and Rs. 2,39,500/-.  Practically it is not noted in the said two receipts, the cheques which were deposited on what bank.  But complainant has admitted in his complaint that the said two cheques of HSBC Bank without mentioning the Branch.

          Moreover it is not noted whether the said cheques were issued by the complainant or any other concern.  So, this must be searched out actually from whose account the said two cheques of Rs. 2,39,500/- being cheque No. 113278 and Rs. 3,85,000/- of cheque No. 113270 was issued.  Most interesting factor is that in the complaint, it is not disclosed by whom those two cheques were issued and what was the branch of HSBC Bank when it is admitted by the complainant that the said two cheques were of HSBC Bank.

          Practically in this case after hearing the argument, this Forum directed the complainant to add the Bank whose cheque was issued and also other purpose and accordingly complainant added Hong Kong and Shanghai Banking Corporation, Port Folio Management,IMD Tower, M.G. Road, Guragaon, Haryana and op no.5 M/s. G.E. Capital, Provident Fund Trustees, D.L.F. Corporate Park, Gurgaon-122002, Haryana and after service of notice op no.4 appeared and by filing written statement having submitted that complainant no.1 issued two cheques bearing Nos. 113270 and 113278 for Rs. 3,85,000/- and Rs. 2,39,500/- respectively drawn on the op no.4 that the said two cheques were of his bank and complainant holds a SB account bearing A/c No. 054136718006 at New Delhi.  But in between the May-2008 to November-2008 the aforesaid two cheques were never presented before op no.4/Bank for encashment and op no.4 has submitted comprehensive statements of account along with written version and from the said account, it is clear that complainant no.1 is the customer of op no.4 and op no.4’s bank, complainant has his account bearing A/c No. 054136718006 and from 03.12.2007 to 299.11.2008 a statement of account of the complainant no.1 is submitted.  So, we have been able to search out that the aforesaid two cheques of HSBC was issued by the complainant no.1 against his account No. 5548512006283040 of HSBC Bank and it is also proved that complainant holds an account at HSBC Bank of op no.4 at New Delhi and his account is 054136718006 and said account is CCY/Account.

          So, it is clear that the said cheques were of HSBC Bank and invariably it was issued by complainant no.1 from his own cheque banks and present two disputed cheques are two cheque leaves of the bank account and cheque book of complainant no.1 and it is proved that complainant issued that two cheques.  But it is not noted in the complaint whom those cheques were issued and who issued those cheques.  But considering the document as filed by the op no.4 HSBC, it is proved that those two cheque leaves bearing No. 113270 for Rs. 3,85,000/- and cheque No. 113278for Rs. 2,39,500/- were issued by complainant no.1 from his cheque books against his CCY/Account No. 054136718006 (SB Bank A/C – Res).  No doubt from the complainant’s own document, it is found that same were alleged to have been deposited on 21.05.2008 and it is proved fact that the said two cheques were of the cheque book maintained by the complainant no.1 in respect of his SB A/C No. 054136718006 of op no.4/Bank and from the bank statement of the account of the complainant no.1 submitted by the op no.4, it is clear that complainant no.1 had no such balance of Rs. 6,24,500/- in between 30.04.2008 to 31.05.2008 and actually balance amount in his credit in the said account was Rs. 000/- and after 31.05.2008 to 29.11.2008 balance was only Rs.0.07 paisa.

          Considering the above fact it is clear that this complainant no.1 had no balance in his account in HSBC Bank.  But he issued two cheques having no fund in his account but the present deposited cheques were alleged to have been issued by the complainant for crediting the said alleged amount in the name of his father at SBI Salt Lake Branch and for which it has created much due about the genuinity of submission of such fake cheques by the complainant no.1.

          Now question is whether SBI, Green Park Extension Branch, New Delhi at all received those two cheques vide receipt on 21.05.2008.  In support of proving complainant’s claim that complainant no.1 deposited the said two cheques vide two separate slips at the Delhi Green Park Extension Branch by producing complainant’s e-mail which was issued by one T.P. Singh by one email on 03.10.2008 one T.P. Singh reported Green Park Extension Branch that they received the two cheques from the complainant no.1.  But the said two cheques were lost in National Clearing transit from their branch.  So, complainant directed to issue fresh cheque against this indemnity certificate at the earliest and indemnity was given by the bank.

          Peculiar factor is that on the same date another letter was addressed to the complainant that SBI lost the two cheques in transit and please find a documentary papers against the said two cheques.  But both the letters on 03.10.2008 were sent by one tpsingh  at the ratesbibank.com.  Op nos. 1 to 3 have challenged the same stating that there was no employee namely T.P. Singh and he had no authority to use any dot com of the SBI.  But no T.P. Singh was posted in the branch for the year 2008-09 and all transaction in between the bank and customer is made by email id. Domain of SBI i.e.  at the ratesbi.co.in.

          Fact remains that from the SBI own documents it is clear that SBI, Green Park Extension Branch at Delhi Green Park Extension New Delhi-110006 Code – 01-(165), House Telephone No. 011-26868432, 26561146 and their e-mail id is e-mail of SBI .  Complainant has failed to prove by any cogent documents that T.P. Singh was the employee of the said Bank and that is T.P. Singh’s email authorized by the SBI Authority.  On contrary it is proved that SBI, Green Park Extension Branch e-mail is .  So, it is clear and it is also proved by the op nos. 1 to 3 that the email dated 03.10.2008 or any letter issued by T.P. Singh  at the ratesbibank.com. is not a genuine letter issued by the op nos. 1 to 3 Bank.

          Fact remains that complainant no.1 issued the said disputed two cheques from his own cheque books issued by HSBC bank op no.4 against complainant’s SB A/c with HSBC being No. 054136718006 and in fact from 31.03.2008 to 30.04.2008 total balance in the credit of the complainant no.1 was only Rs. 25.39 paisa and from 01.05.2008 to 31.05.2008 total balance was Rs. Zero.  So it is clear that in the account of the complainant no.1 in HSBC Branch against his account No. 054136718006 there was no balance or no amount was in the credit of the complainant and fact remains the said account was completely a zero balance account.  Then how complainant no.1 issued two cheques of Rs. 2,39,500/- against cheque No. 113278 and Rs. 3,85,000/- against cheque No. 113270 of HSBC Bank from his own cheque book.

          Considering the above fact, it is clear that this complainant has prepared/manipulated those cheques from his own cheque books against his HSBC A/C No. 054136718006.  Though in his account, there was no balance and the account remained without any balance from 30.04.2008 to 29.11.2008 and in between that period no amount has been deposited by the complainant no.1.  Then it is clear that the said two cheques were issued by the complainant no.1 with the help of some fake person, those receipts were signed and some fake persons sent such email from the email of such fake person tpsingh  at the ratesbi.com. and thereafter some papers were collected through such fake tpsingh  at the ratesbi.com and filed this complaint.

          Fact remains that there is no proof that SBI Green Park Extension Branch received the said cheques and receipt does not say so because both the receipts are hazy.  Most interesting factor is that it is not noted in those receipts who issued those cheques or of which bank and same are not noted intentionally so that this Forum may be hallucinated by the complainant and another factor is that unscrupulously complainant have not mentioned that complainant no.1 holds an account at the bank of HSBC at Delhi having Saving Bank A/c No. 054136718006 and it is not disclosed in the complaint that the said two cheques were of cheque book of the complainant no.1 of HSBC Bank against his own SB A/c – Res -054136718006.

          So considering the above fact, it is clear that complainant no.1 issued the present disputed cheques noting the said amount by using his own cheque books and with some fake persons, it is shown as receipt by the SBI Green Park Extension and invariably the so called T.P. Singh is the fake person who is in the field of in practicing fraud to the bank with the help of some unscrupulous customers like complainant no.1.

          Another factor is also proved that in the disputed cheques were issued by the complainant from his own account and cheque book when in the said account there was no fund that is in between 01.05.2008 to 29.11.2008 and said account is zero balance that means complainant No.1 had no legal authority to issue such two cheques with such a bank amount of Rs. 2,39,500/- and Rs. 3,85,000/- at the same time it is proved that the receipts which were submitted by the complainant is fake, procured and created one and email letters dated 03.10.2008 and subsequent to that alleged to have been sent by T.P. Singh  at the rate sbi.com is completely a fake email and it has never sent by op nos. 1 to 3 and no such cheque was deposited in the bank of SBI, Green Park Extension, New Delhi but the entire document were created by the complainant no.1 with the help of some fraud star professional person like T.P. Singh, complainant etc. managed to procure a decree from the Forum.

          Another factor is that if actually complainant no.1 had his intention to send that amount to his father’s account at Salt Lake, in that case, complainant can easily transfer that amount from his own account by adopting such procedure (transfer of money through bank) which is available in Delhi and everywhere but without adopting such procedure by issuing such two fake cheques and preparing such receipts through fraudster, complainant appeared before this Forum by bringing false complaint against the op nos. 1 to 3 by producing some fabricated documents like the two receipts in support of alleged deposited two cheques and also by reply of so called email alleged to have been issued by the SBI, Green Park Extension Branch, New Delhi.  Moreover there is no material to prove that complainant no.1 again issued two cheques and deposited to SBI, Delhi.

          Anyhow on proper scrutiny and after considering the entire materials, we have gathered that this complainant no.1 and 2 are nothing but a fraudster and they appeared before this Forum to get a relief by deceiving the ops which is proved beyond any manner of doubt and further it is proved that it is not only vexatious and false complaint at the same time the complainant has tried to defraud this Forum in so many manners and in fact at the time of preparing judgement, the Forum was able to search out that HSBC’s presentation is highly required in this case the result would be otherwise.  But after addition of party theop no.4 the HSBC, we have searched out the truth that op’s SBI Bank’s defence is correct and truthful and complainant’s entire case is false and vexatious and they have procured those documents only for the purpose of deceiving the op by filing a complaint to this Forum, so that Forum can pass a order in favour of the complainant.

          In the light of the above observation this complaint fails as it is false, vexatious and at the same time documents as produced by the complainant is fabricated and procured one.

          Hence, it is

ORDERED

          That the complaint be and the same is dismissed on contest against op nos. 1 to 4 and same is dismissed against exparte op no.5.

          Complainant nos. 1 & 2 are hereby directed to pay penal cost for filing vexatious, false and fabricated case by procuring fabricated documents in this case and each complainant shall have to pay penal cost of Rs. 10,000/- each before this Forum within 10 days from the date of this order failing which penal action shall be started against them and the said penal cost shall be paid in cash to the Office Account without any fail within specified period of 15 days from the date of this order failing which penal action u/s 27 of C.P. Act 1986 shall be started.

          All the documents which are filed by the complainants in this case in support of their complaint shall not be returned to the complainant as same are being seized by this Forum as fabricated and procured documents.