JUDGEMENT

          Complainant by filing this complaint has submitted that for payment of his renewal premium under SBI Life Policy No. 28028381210 under the Scheme Unit Plus-II Pension Option in SBI Life Insurance Co. Ltd. issued a cheque No.648407  dated 04.10.2010 for Rs.40,000/- drawn on State Bank of India, Ultadanga Branch, (op no.1) and same was deposited with the Hatibagan Branch of SBI Life Insurance Co. Ltd. within the due date and complainant has his SBI Bank A/C No.10434183189 of Ultadanga Branch of SBI (op no.1) for about last 25 years and he has maintaining the said account with reputation.

          But utter surprise complainant received a letter dated 17.10.2010 from SBI Life Insurance Co. Ltd. to that effect that his renewal cheque No.648407 for Rs.40,000/- was returned to them by complainant’s Bank as cheque was dishonoured for in sufficient fund.

          Being shocked and surprised, complainant rushed to the op branch on 04.11.2010 and he reported the matter and took copy of the statement of his account from the Bank and found that drew of the cheque was SBI Life and there was sufficient fund but it was dishonoured without any valid reason.  But practically it was dishonoured with remarks “insufficient fund” and it was wrongfully dishonoured and practically complainant for that reasons suffered repudiation and financial loss because Rs.100/- has been deducted as dishonoured cheque by the Bank Authority and further Rs.150/- shall be charged by the SBI Life for dishonoured cheque.  In such sort of unfaithful act and negligent manner of service of the op, complainant Mandatory Renewal Premium of Life Insurance could not be paid in due time for the fault of the op Bank and complainant prayed for redressal from the op no.1 company but they did nothing and ultimately complainant has prayed for compensation for deficiency of service and mental pain and agony and other relief.

          On the contrary op Bank by filing written statement submitted that the entire claim of the complainant is false and vexatious but it is a fact that complainant is a customer of the op/Bank SBI, Ultadanga Branch having A/C No.341831189, but actually on 03.10.2010 balance in respect of the said account was Rs. 95,720.66/- and on 04.10.2010 complainant deposited Rs. 3 lakhs bearing cheque No.527520 for Rs.41,286.92/-, another cheque No. 527485 for Rs.31,346/- and another cheque No.527515 for Rs.42,172.34/- for encashment through op bank and received by the op bank for clear and so on 05.10.2010 closing balance of the said account was Rs.2,03,483.92/- which included available balance of Rs.88,678.66/- and unclear balance of Rs.1,14,805.26/-.

          Further it is stated that on 06.10.2010 two cheques being Nos. 648405 for Rs.30,000/- and 648406 for Rs.30,000/- were issued by the complainant in favour of SBI Life were presented by the clearing house before the op Bank for payment and accordingly the said two cheques were paid.  But the 3 cheques of SBI dated 04.10.2010 Rs.40,000/- was presented before the SBI Ultadanga Branch for clearing, but at that time balance account was only Rs. 28,678/- and for that reason the said cheque was dishonoured for insufficient fund on 06.10.2010 and after dishonoured of the said cheque at late hours of the day, the said unclear amount of Rs.1,14,805.26/-  was added to the available balance after the respective cheques for the said amount were cleared.  So, there was no fault on the part of the op Bank and in fact for vexatious ground this complaint is filed and in fact there was no loss on the part of the complainant and for which the complaint should be dismissed.

                                              Decision with reasons

          On in depth study of the complaint including the version of the op in the written version and further considering the Bank account statement, it is found that the position of the savings account and balance account of the complainant’s account of the op Bank on 03.10.2010 was Rs.98,720.66/- and on 04.10.2010 three cheques bearing Nos. 527520, 527485 & 527515 were deposited after clearance and on the end of Banking hours on 04.10.2010 the total balance of the said account was Rs.2,10,525.92/-.

          Fact remains on 05.10.2010 Rs.7,042/- against cheque No.648403 was withdrawn and then on the end of the day of 05.10.2010 balance of the said account was Rs.2,03,483/-.

          But on 06.10.2010 4 cheques starting from 648403 to next cheque ending 648406  were encashed and total amount of Rs.60,000/- was withdrawn by SBI Life Insurance and then standing balance was Rs.1,43,483/-.  Thereafter from the said account it is found that on 06.10.2010 dishonoured cheque bearing No.648407 was dishonoured and Rs.100/- was deducted by the Bank when the balance was Rs.1,43,383/- and that is the vital picture of the balance on the end of 06.10.2010.

          But Ld. Lawyer for the op submitted that on that date uncleared amount was Rs.1,14,805.26/- was not encashed but it was encashed on the next date and thereafter it was neglected and for which the said cheque was dishonoured and at the time of dishonor the cheque No.648407 clearing balance of the present account was only Rs.28,678/-.  But most interesting factor is that bank pass book statement as issued by the op to the complainant which is filed in this case as Annexure-B does not support that fact.  On the contrary it is found even after non-clearance of the said amount of Rs.1,14,805.26/-  the clearing balance was Rs.1,43,383.92/- on the ending hours of the banking service on 06.10.2010.

          So, the defence of the op is completely false and fabricated when their printed copy of pass book as supplied by the op to the complainant and as produced by the complainant in this case reveals completely the truth as expressed by the complainant and op no.1 offered any documents, and which does not support the defence of the op and for which we are convinced to hold that the bank has taken false plea in the written statement and their bank account proved out supplied to the complainant support that on 06.10.2010 even after non-clearance and clearing balance of Rs.1,14,805.26/- the clearing balance of the complainant was Rs.1,43,383.92/-.  But it was never only Rs.28,678/- and considering that fact it is found in casual manner the cheque of Rs.40,000/- was dishonoured and such an act is no doubt negligent manner of service on the part of the bank and fact remains for no fault of the complainant, the op Bank refused to honour the cheque on the contrary by disclosing the cheque of Rs.100/- was deducted by the op Bank.  No doubt for fault of the op’s Bank complainant became the defaulter in payment of regularly payment of his SBI Life Insurance Policy and such an act simply proves that Bank Authority to save their skin submitted false statement before this Forum which is no doubt an unfair trade practice on the part of the op Bank for that reason op Bank should be penalized.  But truth is that we have consciously check up the amount of the complainant and the statement of Annexure-B supplied the fact and relying upon that and also after proper scanning of statement of account assured by the op Bank in favour of the complainant we have confirmed that complainant’s entire case is proved beyond any manner of doubt and defence of the op Bank is proved a false defence.

          Truth is that op Bank by adopting an unfair trade practice by submitting false statement before the Forum regarding dishonor of the disputed cheque in this case and their conduct as banking establishment is condemnable and they should be penalized for that and invariably complainant must have to get some compensation for his harassment, mental pain and agony and also for deducting Rs.100/- for dishonoured cheque.

          Thus the complaint succeeds.

          Hence, it is

                                                 ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs.2,000/- against the ops.

          Ops are directed to pay a sum of Rs.5,000/- as compensation to the complainant for causing mental pain and sufferings of the complainant by dishonouring the disputed cheques though the clearing balance against the cheque of the complainant was more than that of Rs.40,000/-.

          Ops are directed to pay the entire amount including liquidation cost to the complainant within one month from the date of this order failing which for each day’s delay ops shall have to pay @ Rs.100/- per day as punitive damages which shall be deposited to the State Consumer Welfare Fund.

          Moreover for submitting false statement before this Forum and by adopting unfair trade practice by the ops, ops shall have to pay a sum of Rs.5,000/- to the State Consumer Welfare Fund only to check the dishonest manner of service as rendered by the ops in future.

          Ops are jointly and severally directed to satisfy the decree within one month from the date of this order failing which for each day’s delay penal interest @ Rs.200/- shall be assessed till full satisfaction of the decree and for repeated disobeyance of the Forum’s order penal action may be taken by adopting the provision of Section 27 of C.P. act 1986.