O R D E R
K.S. MOHI, PRESIDENT
The complainant has filed the present complaint against the O.P u/sec. 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant had saving bank account bearing No.90322010009000 and Customer ID No.4606457 since 1977 with the O.P bank. It is alleged that the complainant had issued three cheques i) bearing No.286351 for a sum of Rs.1,429/-, ii) bearing No.286352 for a sum of Rs.505/- and iii) bearing No.286353 for a sum of Rs.480/- all are dated 22.05.2013 issued in favour of MCD for depositing of house tax and also issued the 4th cheques bearing No.286354 for a sum of Rs.6,690/- dated 23.05.2013 in favour of the BSES for depositing of the electricity bills. It is further alleged that the O.P had failed to encash/ honor the aforesaid three cheques issued in favour of the MCD and dishonored the same by stating the reason of ‘insufficient funds’ in the account of the complainant and also dishonored the fourth cheque issued in favour of the BSES by stating the reason of ‘account blocked’ whereas the complainant was having approx. Rs.20,000/- in his account at the time of dishonoring of the aforesaid cheques. It is alleged that complainant had made a complaint to the O.P on 21.06.2013 and same was duly received by the O.P on same day but no action has been initiated upon the aforesaid complaint. However, despite of repeated visit and request to O.P but no action has been taken against the Officer of the Bank. The complainant has also sent a notice dated 08.07.2013 but to no avail. On these facts complainant prays that O.P be directed to pay Rs.2,00,000/- as compensation for mental, physical and financial loss, pain and agony caused by the O.P to the complainant and also to pay Rs.25,000/- as litigation cost.
2. O.P appeared and filed the written statement. In its written statement OP has not disputed that complainant had saving bank account bearing No.90322010009000 and Customer ID No.4606457 since 1977. In its written statement O.P has specifically denied that dishonored of the three cheques issued in favour of the MCD for the reason of ‘insufficient funds’ in the account of the complainant. It is alleged that all the three cheques issued by the complainant to the MCD and cheque issued to BSES were returned unpaid for the reason ‘Account Blocked’ due to technical reasons. Dismissal of the complaint has been prayed for.
3. Complainant has filed his affidavit in evidence testifying all the facts made in the complaint. On the other hand Seethaamma Saraswati, Authorized Signatory of O.P Bank has already filed affidavit in evidence on behalf of O.P Bank. Both parties have also filed their written submissions.
4. We have carefully gone through the record of the case and also heard submissions of Ld. Counsels for the parties.
5. The controversy involved in the present case is as to whether the dishonor of the cheques presented by complainant to O.P-1 was justified or not. The case of the complainant is that on the date of tendering the cheques in favour of MCD and BSES, he had sufficient amount in his account and for the reasons best known to the O.P, the cheques were dishonored. The stand taken by O.P is that since the account of the complainant was blocked the aforesaid cheques were returned unpaid. The O.P has not placed on record any cogent evidence to establish the reasons for the account of the complainant being blocked. Besides this the complainant was not intimated by O.P that his account was blocked. Above all the account of complainant remained operational at the relevant time, so the plea of O.P regarding account being blocked stands belied. Therefore, we are of the considered view that there was deficiency on the part of the O.P for not honoring the cheques issued by complainant who was having sufficient amount in his account to honor the amount written in the said cheques. We, therefore, feel that the ends of justice would be met, if we direct the O.P to pay compensation of Rs.10,000/- towards mental harassment and litigation expenses to the complainant.
Copy of the order be sent to the parties as per rules.
Announced this 24th day of February, 2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
