DATE OF FILING : 10.12.2014.
DATE OF S/R : 07.08.2014.
DATE OF FINAL ORDER : 29.12.2015.
K.C. Enterprise
having its registered office at
20, Priya Nath Ghosh Lane,
Howrah 711 104,
being represented by its proprietor
Champa Mal,
wife of Rup Kumar Mal,
residing at 20, Priya Nath Ghosh Lane,
Howrah 711 104………………………………………………….. COMPLAINANT.
1. The Branch Manager,
Axis Bank,
Panchanantala Branch, 2, Despran Sasmal Road,
Howrah 711 101,
West Bengal.
2. The Branch Manager,
S.B.I. Kalibabur Bazar Branch,
253/9, N.S. Road,
Howrah 711 101.
W.B.
3. Mr. Nirmalendu Majumdar,
son of late N. Majumdar,
residing at 8, Madhusudan Villa,
Dimna Road, Mango, Jamshedpur,
PIN 831012.
4. The Branch Manager,
State Bank of India,
Dimna Chowk Branch ( Branch Code NO. 10088),
Dimna Chowk, N.H. 33, POMGM, Mango East Singhbhum,
State Jharkhan,
PIN 831 018. …………,……………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, K.C. Enterprise, represented by its proprietor, Champa Mal, by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for direction to be given upon the o.p. nos. 1 & 2, to give the cheque clearing details and to pay compensation of Rs. 1,00,000/- and costs along with other relief or reliefs as the Forum may deem fit and proper.
Brief history of the case:
The complainant deposited a chaque bearing no 340212 of AXIS Bank of Panchanantala Branch, Howrah, for an amount ₹ 46555/- in the SBI Kalibabur Bazar Branch, Howrah, on 26-04-2012 for crediting the same in the account of 31262793884 maintained by Nirmalendu Majumder (Performa O.P.) Dimna Road Mango, Jamshedpur. The amount was not credited in the above mention A/C no till now hence the case.
After going through all the documents furnished by respondent no 1 and 2 and XEROX copy of the Bank A/C of the Performa respondent annex to the Firisty submitted on 01-01-2015 the following issues are to determined in true spirit of the CP Act 1986.
Notices were served. All the o.ps. appeared and filed written version. Accordingly, case was heard on contest.
POINTS FOR CONSIDERATION :
- Whether there is any deficiency on the part of O.P. 1 and to what extent.
- Whether there is any deficiency on the part of O.P. 2 and to what extent.
DECISION WITH REASON :
We are first taking the contention of O.P.1 that is AXIS Bank. The complainant is a current A/C holder having no 911020022191938 and deposited an A/C payee cheque dt. 26-04-2012 drawn on O.P. no 1 for crediting the same to the Performa respondent.
The cheque was deposited admittedly at the branch of O.P.2 as the beneficiary of the instrument had his A/C maintained with SBI, Mango Branch, Jamshedpur Branch as mentioned in the first page of the W/V. Subsequently the cheque was cleared by the O.P.1 and the amount was deducted from that account and the matter is left upon to the respondent no 2.
The person has been defined in the section 2(m) of the Act and if the points are taken this is time barred. Section 2(g) is very much specific using such type of term tent amount to cost (Bank of Baroda Vs Vivek Mittal) II (2004) CPG page no 238 (1). It as astonishing to note that before furnishing the reply the bank official has not gone through the reply which is being submitted by the Ld. Advocate.
The Firisty submitted annexing the statement of the A/C of SBI in favour of KC Enterprise on 01-10-2015 is not visible such type of activity where the services are within the ambit of CP Act that should have been meticulously checked up. The amount of debited from the A/C of KC Enterprise and there is no cogent the fact that the cheque has not been send to SBI Kalibabur Bazar Branch.
In the administration of Justice we are giving attention to the BNA submitted by SBI on 01-10-2015 . first we are coming to the Core Banking System, if we discuss the whole matter it will be a loss of time to the Judiciary. One cheque clearing from the AXIS bank was send to the SBI Kalibabur Bazar Branch for transferring the amount to the A/C No 31262793884 maintained by the Nirmalendu Majumder, Dimna Branch, Code No 10088 NH33, POMGH MANGO, Dist East Singbhum, Jharkhand, Pin 831038. In the Bank NEFT, EFT, RTGS have been introduced long ago but the BNA submitted duly signed by the Ld. Advocate is not only full of errors but also suppress the methodology adopted by Bank, that the cheque should be dropped in box because the cheque is A/C payee. Before submitting the BNA the Bank officials who are aware of the fact should see the reply otherwise the Ld. Forum shall be compelled to impose heavy cost along with penalty. Maintenance of the A/C holder is a must to take action to provide service by the Bank Authority is not only ridicules. Who are not at all A/C holder can transfer the money from any Bank to any Bank by CBS the reason also in known to the bank that the clearing cheque by SBI from one bank to another is never be called as not a deficiency of service.
Cyclostyle reply will not be applicable wherein denial of facts is not substantiated by the law in force. Now the bank A/C of the proforma respondent shows the amount has not been credited.
On going through the functioning of bank industry this forum have come to the conclusion both the respondents are equally are severally responsible in settling that dispute. If they have taken the earnest initiative that can be solve in no time. Protected correspondences since 2014 has made the matter more complicated. Henceforth any reply should duly authenticated by responsible officer of that unit so that we can come to the easy conclusion instead of focusing the image of bank industry.
The complainant succeeds in full court fees paid in terms of rules.
Hence,
O R D E R E D
The respondent no (1) is directed to refund the amount ₹ 46555/- along with interest which is prevalent at that material time till date of realization within 30 days from the receipt this order. The respondent no ( 2) is directed to pay ₹ 50000/-fo harassment and mental agony. The respondent no (3) the litigation cost to be borne to the tune of ₹ 10000/-, the share should be 50 percent each. The entire exercise should be done within 30 days. The complainant file EA if not complied within the stipulated time.
Urgent certified copy of the Judgment to be given at free of cost if applied for.
DICTATED & CORRECTED
BY ME.
( A.K. Pathak )
Member, C.D.R.F., Howrah.
