West Bengal

Paschim Midnapore

CC/125/2014

Sri Jayanta Kumar Mallik. - Complainant(s)

Versus

The Asst. General Manager, S.B.I. - Opp.Party(s)

28 Jan 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.125/2014                                                                                                Date of disposal: 28/01/2015                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                             MEMBER :  Mrs. Debi Sengupta.

                                            MEMBER :  Mr. Kapot Chattopadhyay.

  

 For the Complainant/Petitioner/Plaintiff : Mr.P. Ghosh, Advocate.

 For the Defendant/O.P.S.                       : Mr.S. Ghosh, Advocate.                                   

          

 Sri Jayanta Kumar Mallik, S/O Sri Saktipada Mallik, resident of Manikpur, P.O. Medinipur, P.S.

 Medinipur, Dist- Paschim Medinipur, Pin-721101…………..Complainant

                                                           Vs.

1)The Asst. General Manager, State Bank of India, Medinipur Branch (00132) near L.I.C. More, Rabindra Nagar, P.O. Medinipur, P.S. Medinipur, Dist- Paschim Medinipur, Pin-721101.

2)The Financial Officer, District Panchayet & Rural Development Officer, Paschim Medinipur, Office is within District Collectoral Compound, P.O. Medinipur, P.S. Medinipur, Dist- Paschim Medinipur, Pin-721101..……………Ops.

          The case of the complainant Sri Jayanta Mallik, in short, is that no encashment within the prescribed period in respect of cheque being its No.576831 dated 28/03/2013 for Rs.54,480/- deposited on 24/05/2013 by deposit slip in favour of complainant’s A/C No.20011555826 in the Op/S.B.I, Medinipur Branch.  Presently the cheque in question suffers from invalidation.  The alleged fact of delaying encashment was not reported to the complainant in time.  On quiry, it is known by the complainant that the Op falsely mentioned irregularity of the cheque by a letter on 24/10/2013.  Although, the cheque was sent to the OP No.2 for fresh cheque in the name of the complainant and again by another letter dated 28/01/2014.  Stating the case, the complainant raised an allegation of deficiency of service against the Op/S.B.I, Medinipur Branch.  In this connection, some documents namely Deposit Slip, Letter dated 28/01/2014, 25/10/2013 and Advocate’s Notice dated 10/12/2013 are produced by the complainant.

          The Op/S.B.I contested the case by filling written objection challenging that the case is not

Contd………….P/2

 

- ( 2 ) -

 

maintainable for want of cause of action as proper service by issuing a letter of request to the OP No.2 for issuing a fresh cheque in favour of the complainant as the cheque in question could not be encashed as the same was presented before the Bank after committing delay of 54 days from the date of issue of the cheque.  In spite of that, the Op/Bank took appropriate steps in favour of encashment upon collection of new cheque from the OP No.2 being cheque issuing authority.  So, there is no deficiency of service as raised by the complainant against the Op and as such the case should be dismissed.    

          Upon the case of both parties the following issues are framed.

Issues:

1)Whether the case is maintainable in its present from?

2)Whether the complainant has any cause of action for presentation of this petition of complaint?

3)Whether the cheque in question was deposited in time?

4)Whether the complainant is entitled for getting relief as prayed for.?

 

Decision with reasons

Issue Nos.1 to 4:

              All the issues are taken up together for discussion as those are interlinked each other for the purpose of arriving at a correct decision in the dispute.

              Ld. Advocate for the complainant made his argument that the cheque deposited by the complainant was not encashed by the OP/S.B.I. due to their negligence.  So, the case should be allowed in terms of the prayers made in the petition of the complaint.

              Objection raised by the Ld. Advocate for the OP that contention of the complainant is based on misrepresentation of the fact.  In this connection, the date of issue of the cheque and deposit slip are pointed out demanding that the complainant submitted the cheque after delay about two months.  In spite of that the Bank rendered necessary efforts so that the encashment may be effected in favour of the complainant. So the OP in no way is liable for deficiency in service.  Thus, the case should be dismissed.

                We have carefully considered the case together with all relevant documentary evidence and submission of Ld. Advocates of the respective parties.  It is evident that the cheque dated 23/03/2013 was produced in the Bank on 24/05/2013 after delaying almost for two months.  If that be so, the delay in fact, was due to the fault and negligent act of the complainant himself in the matter of getting its encashment.  Apart from that, there is no evidence on the part of the complainant showing his vigilant steps for knowing the effect of the said cheque.

Contd…………..P/3

 

- ( 3 ) –

 

Simultaneously, we have also considered the steps of the Op Bank in this regard and it appears that the allegation of deficiency in service raised by the complainant is not supported by a strong and reasonable evidence. 

               In view of the observation made herein above, it is held and decided that the case presented before us has no cause of action and as such the same should not lie in this Forum.  Thus, all the issues are disposed of against the complainant.

                         Hence,

                             It is Ordered,    

                                                    that the case be and the same is dismissed  on contest  without cost.

Dictated & Corrected by me

              

         President                          Member                                    Member                             President

                                                                                                                                      District Forum

                                                                                                                                   Paschim Medinipur.