Date of Filing: 29.03.2016 Date of Final Order: 12.05.2017
Smt. Runa Ganguly, Member.
The Complainant Sri Subir Sarkar of Tufanganj Sub-Division, Cooch Behar has filed the present case U/S 12 of C.P. Act 1986 against the Branch Manager, Canara Bank, Tufanganj Branch with a prayer for issuing direction upon the O.P. Bank to pay the cheque amount of Rs.14,561 along with interest, also Rs.25000/- as compensation for mental pain and agony.
Briefly stated the facts of the instant case are that the Complainant being a cultivator received a cheque from the purchase officer, Tufanganj Krishan Mandi, Tufanganj Block-1, P.O. & P.S- Tufanganj, Dist.- Cooch Behar amounting to Rs.14,561/- for purchase of paddy. The Complainant deposited the said cheque bearing No.122651 dated 27.06.2015 to the O.P. Bank in connection with his savings account No 40981001433 on 29.06.2015 for encashment of the same. The said cheque has not been encashed till filing the present case. The Complainant several times made contact with the O.P. Bank but no fruitful result yet came out. Thus, finding no other alternative, the Complainant files the present petition seeking redress and relief.
The O.P. in this case appeared through an Advocate but thereafter did not turn up or contested the case by filing w/v. The O.P. took so many dates for filing w/v on a ground of amicable settlement. Ultimately, the O.P. failed to submit the report of settlement and did not came forward further before this Forum for which this case was heard in ex-parte against the O.P. Bank.
In the light of facts and circumstances of the case, the following points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Is the Complainant Consumer as per provision under Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Has the O.P any deficiency in service as alleged by the Complainant?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
Evidently, the Complainant deposited a cheque bearing NO 122651 of Rs.14,561/- on 29.06.2015 to the O.P. Bank in his account No. 4098101001433 (Annexure-A).
Annexure” A” series also reveals that the said cheque has not been credited in the account of the Complainant.
During the pendency of the case after appearance before this Forum, the Ld. Agent for the O.P. Bank took several dates with a prayer that a procedure of amicable settlement was going on. Thus, the fact of the case was admitted by the O.P. Bank. Surprisingly, thereafter, the O.P. Bank did not turn up, which seems to us that the O.P. Bank has nothing to challenge the allegation made by the Complainant.
Furthermore, as and when Complainant deposited the cheque to the Bank for encashment, it is the sole responsibility of O.P. Bank to look after the matter but the Bank remained idle and did not take any step, so that the Complainant was unable to enjoy the cheque amount. Thus, inaction of the O.P. bank be termed as deficiency in service which is clearly proved and the B.M of the O.P. Bank is liable to compensate the Complainant.
During the course of argument, the Complainant files a document which goes to show that the OP Bank by letter dated 27.07.15 to the Deputy General Manager (Procurement), W.B.E.E.S.C Ltd. Informed that the cheque No.122651 dated 27.06.15 of Rs.14,561/- was missing and praying for issuing another cheque in favour of Mr. Subir Roy. Thereafter, the Bank did not follow-up the matter and for which the Complainant did not receive the cheque amount that caused mental pain and agony of the Complainant.
All the points are answered in favour of the Complainant and the Complainant is entitled to get relief as prayed for but in part.
Hence,
Ordered,
That the present case be and the same is allowed in ex-parte with cost of Rs. 5000/- but in part.
The Branch Manager, Kanara Bank is hereby directed to make payment of Rs. 14,561/- the alleged cheque amount to the Complainant. He is further directed to pay Rs. 10,000/- as compensation for deficiency in service.
The entire order shall be complied with by the O.P. within 30 days i/d the total amount shall carry interest @ 8% p.a. till its full realisation.
A plain copy of this order be made available and be sent to each of the parties free of cost by registered post with A/D forthwith as per rules.
Dictated and corrected by me.
