DIST. CONSUMER DISPUTES REDRESSAL COMMISSION

NORTH 24 Pgs., BARASAT.

C. C.  CASE NO.  450/2017

  Date of Filing:                                                                                 Date of Disposal

     21.08.2017                                                                                        31.12.2021                        

P R E S E N T           :-  Smt. Sukla Sengupta……….President

                                    :-   Smt. Monisha Shaw…………………Member

                                    :-   Sri Susmit Hrishikesh Bhattacharya……..Member

JUDGMENT

One Anandagopal Chakraborty has filed a petition of complaint U/s 12 of Consumer Protection Act, 1986 stating interalia that the Complainant issued a postal cheque being No. 474723 dated 27/04/2017 amounting to Rs. 350/- only to Prafullanagar Nursery and KG School and the said cheque was deposited to the United Bank of India, Habra Branch on 04/05/2017 and on the same date the said cheque was not en-cashed and was dishonoured marking as ‘Refer to Drawer’. The photocopy of the said cheque dated 27/04/2017 is annexed here to and marked with ‘A’.

            It is further stated that the aforementioned cheque was issued from the post office saving account being No. 7639487882 of the Complainant in favour of the Prafullanagar Nursery and KG School for tuition fees of his daughter for the month of May 2017. It is further stated that after returning of the said cheque the Complainant along with school staff of his daughter met the Deputy Manager of United Bank of India, Habra Branch on 03/06/2017 at 11 hrs and wanted to know the meaning of ‘Refer to Drawer’ but the said officer expressed his inability to express the meaning to ‘Refer to Drawer’.

            It is further stated by the Complainant in his petition of complaint that he has sufficient balance amount in his account lying in Hijalpukuria P.O., North 24 Parganas, Pin – 743271 and there was no discrepancy in signature and no instruction was there to the concerned P.O. from the end of the Complainant not to encash the cheque. So, the Complainant failed to extend why the cheque in question was bounced which is punishable under Civil and Criminal Law of India.

            It is further stated that the Complainant was bound to compensate Rs. 300/- as cost and damage to the said school and he lost his prestige in the society rather his sincerity and honesty was under question and he became unfaithful to his little daughter when there was no latches or negligence in his part.

            It is alleged by the Complainant that the bank has not been acted properly and it is a clear case of deficiency in service on the part of the bank. So, the bank is bound to compensate for the damage and the prestige of the Complainant.

            The Complainant further stated that he served legal notice on 07/06/2017 upon the O.P. to encash the said cheque and to pay compensation, damage and litigation cost.

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C. C.  CASE NO.  450/2017

            The O.P. did not make any reply to the said legal notice dated 07/06/2017 and 07/08/2017 upon the O.P. No. 1, 2 and 3.

            It is alleged by the Complainant that the bank authority acted against the norms of section 78 of the Negotiable Instruction Act, 1881. The O.P. / bank without assigning any proper reason has dishonoured the cheque in question arbitrarily with unreasonable and malafide intension which is detrimental to the interest of a customer.

            It is further stated by the Complainant that Section 30 of the Negotiable Instruction Act, 1881 enshrine liability of drawer. Section 31 of the said Act also enshrine liability of drawee of cheque when drawer has sufficient fund in his hand properly applicable to the payment of such cheque, the cheque should be encashed, in-default of such payment must compensate the drawer for any loss or damage caused by such default.

The Complainant further stated that in the instant case the Complainant had sufficient fund in his account in the said Post Office but the O.P. bank did not encash the said cheque issued by the Complainant so the bank is liable to pay compensation to the petitioner. It is also alleged that in the instant case neither the Post Office nor the bank has acted in accordance to law. The Complainant served several lawyers’ notice dated 07/06/2017, 07/08/2017 through his conducting advocates upon the O.P. bank which have been made annexure ‘C’ and ‘D’ with the petition of complaint in this case but the O.P. bank did not pay any heed to the legal notices of the Complainant which prove that there is deficiency of banking service and unfair trade practice and which also caused humiliation, mental pain and agony suffers and harassment of the Complainant. Hence, the petition of complaint filed by the Complainant with a prayer to direct the Opposite Parties jointly or severally to pay the value of cheque which charges for dishonouring of cheque amounting to Rs. 650/- with interest from the date of 27/04/2017 till the date of realization to the Complainant and to pay compensation to the tune of Rs. 1 lakh only to the Complainant along with litigation cost of Rs. 25,000/-.

The O.P. No. 1 and 2 have contested the case by filing W/V denying all the materials allegations leveled against them. It is the O.Ps case that the instant petition of complaint filed by the Complainant is not maintainable both in law and act. The Complainant had no cause of action to file this case and the same is barred by principle of estoppels, waiver and acquiescence and also barred by law of limitation.

It is the further case of the O.P. members that the Complainant is not a consumer within the meaning of Consumer Protection Act, 1986 as amended up-to-date. The dispute mentioned in the petition of complaint is not at all a consumer dispute and thus this Commission has no jurisdiction to entertain the matter.

It is further stated that the O.P. No. 1 is a Sub Post Master of Hijalpukuria Post Office and the O.P. No. 2 is Post Master, Barasat Head Post Office. The O.P. No. 1 had issued cheque book only in favour of the Complainant against the join ‘B’ type SB Account being Savings No. 7639487882 with Co-account holder named Nima Chakraborty.

It is further stated by the O.P. members that they have no knowledge what amount the Complainant had written and how it be signed in his cheque book, the O.P. members have alleged in W/V that the bank authority did not send the cheque being No. 474723 dated 27/04/2021 to the Sub Post Office or Post Master in order to verified the cheque as such the O.P. members had no knowledge regarding the aforesaid cheque.

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C. C.  CASE NO.  450/2017

It is the further case of the O.P. members that it is not the grievance of the Complainant that the Sub Post Master bounce the cheque nor the Sub Post Master of Hijalpukuria Post Office or the Post Master of Head Post Office Barasat had dishonouring the aforesaid cheque until unless the cheque is produced before the Post Office authority it is not possible for the Sub Post Master of Hijalpukuria Post Office or the Post Master of Head Post Office Barasat explained the cause of bounce / dishonour / refer to drawer.

It is also the case of the O.P. No. 1 and 2 they are not necessary party of this case and the Complainant has wrongly implicated them in this case.

It is further stated by the O.P. members that it was bounden duty and the moral obligation on the part of the Complainant to appear before the Postal Authority to enquiry into the matter after returning back the cheque to him by the concerned bank and without doing the same he is filed this case without having no justification.

It is further stated that the Postal Authority is ‘Public Body’ and the authority may not and shall not personal grudge or enmity against any person / persons. So, the petition of complaint is false motivated and baseless and be dismissed against the O.P. members with 1 and 2 with heavy cost. It is alleged by the O.P. members in their W/V that the Complainant has suppressed the material fact and the Complainant has not come before the Hon’ble Commission with clean hands and the Complainant has miserably failed to make out any case of negligence, deficiency and unfair and such the present case is liable to be dismissed.

In view of the above-said facts and circumstances it has to be decided by this Commission a) whether this Commission has any jurisdiction to entertain the matter? b) whether the Complainant has any cause of action to file this case? iii) whether the Complainant is a consumer or not within the meaning of Consumer Protection Act, 1986?, iv) whether there is any deficiency of service or unfair trade practice on the part of the O.P. members, v) whether the Complainant is entitled to get the relief as prayed for, vi) to what other relief / reliefs is the Complainant entitled to get?

Decisions with reasons:

On a close scrutiny of the materials on record and the position of law, it appears that this Commission has the territorial as well as pecuniary jurisdiction to entertain this matter. It is the case of the Complainant that he issued cheque being No. 474723 dated 27/04/2017 amounting to Rs. 350/- from his Post Office Savings Account 7639487882 in favour of Prafullanagar Nursery and KG School for tuition fees of his daughter for the month of May 2017. The Concerned school has deposited the said cheque in United Bank of India, Habra Branch, 24 Parganas (North), Pin – 743263 in other respective account and the concerned bank returned the same with the comment ‘Refer to Drawer’ on 04/05/2017. The Complainant met the Dy. Manager of the said bank on 03/06/2017 but the said officer could not be able to explain the meaning of refer to drawer to the Complainant and ultimately the cheque was dishonoured and case of action arose on that date and also having sufficient funds. So, the Complainant has sufficient cause of action to file this case.

It is the Complainant’s case that he issued the postal cheque bearing No. 474723 on 27/04/2017 amounting to Rs. 350/- from the Post Office Savings A/c bearing No. 7639487882 in favour of Prafullanagar Nursery and KG School to pay the tuition fees of his daughter and subsequently that was dishonoured or ‘Refer to Drawer’ by the United Bank of India, Habra Branch on 04/05/2017 after presenting the same by the school authority in their account of the said bank. So, the Complainant want to get the education service of his daughter on payment of the school fees to the concerned school by issuing a cheque from his Post Office Savings A/c

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C. C.  CASE NO.  450/2017

though the O.P. No. 1 and 2 stated in their W/V that the Complainant is not a consumer within the meaning of Consumer Protection Act but from facts remains the Complainant is a consumer well within the meaning of the Consumer Protection Act, 1986.

From facts and circumstances it is revealed that the Complainant issued the cheque bearing No. 474723 dated 27/04/2017 amounting to Rs. 350/- from his Post Office Savings A/c bearing No. 7639487882 where there was sufficient balance in his account on that date and inspite of the same that was bounced by the United Bank of India, Habra Branch on 04/05/2017 and for which the Complainant was bound to compensate Rs. 300/- as cost and damage to the school authority of his daughter. So, he paid actually Rs. 650/- without having any reason inspite of having sufficient balance in his Post Office Savings A/c. Whatever may be the cause the incident took place which caused face loss of the Complainant in the eye of his little daughter and also in the eye of the society.

From which we can safely be presume that there was deficiency of service and unfair trade practice on the part of the O.P. No. 1 and 2 which indulge us to hold the view that the Complainant is entitled to get the relief as prayed for.

In view of the discussions made above we are of opinion that the Complainant could be able to prove his case beyond the shadow of all reasonable doubt.

Hence,

Ordered,

That, the case being No. 450/2017 be and the same is allowed on contest against the O.P. members with cost. The O.P. members are directed to pay jointly and or severally to pay a sum of Rs. 650/- to the Complainant with interest @ 5% p.a. of the amount from the date of this order till realization of the entire amount within a period of 45 days from this date of order.

The O.P. members are also directed to pay jointly and or severally compensation of Rs. 10,000/- only to the Complainant towards mental agony, loss of reputation, harassment etc. and Rs. 2,000/- towards litigation cost within a period of 45 days from this date of order i.d. the Complainant is at liberty to execute the decree through court.

Let a plain copy of this order be given to the parties free of cost as per the CPR, 2005.

Dictated & Corrected by me        

President    

                                                                                                                                                   Member                                                      Member                                               President