Present         (1)      Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                President

                    (2)      Sri Sheo Shankar Prasad Singh,

                              Member

Date of Order : 17.07.2015

                    Sri Sheo Shankar Prasad Singh

1. In the instant case the Complainant has sought for following reliefs against the Opposite parties:-

1. To direct the opposite party to pay the claim amount i.e. 19,12,901/- ( Rs. Nineteen Lac Twelve thousand Nine Hundred One only ) as per given in Paragraph no. 14 of Written Argument.

2. Brief facts of the case which led to the filing of complaint are as follows:-

1. The complainant is presently posted as Superintendent of Police Officer on Special duty in Crime Investigation Department, Patna, Bihar.
2. The complainant has a saving Account vide no. 10309277205 in State bank of India, Secretariat Branch, Sinchai Bhawan, Patna since long and he has regularly been depositing his salary and other amount and usually withdrawn the amount as per his requirement by way of Cheque. The complainant used to pay the loan instalment through cheque issued by the said Bank. The complainant also makes payment of premium of different insurance Policies by virtue of cheques issued by the aforesaid bank. In this way the complainant is a bonafide subscriber/ consumer of the aforesaid opposite party.
3. It is pertinent to note that the complainant went to the office of the opposite party for obtaining cheque book and for the same the complainant filed requisition but the same was not delivered to the complainant.
4. The complainant again visited the office of the opposite party for obtaining the cheque book and for the same he paid Rs. 125/- on 05.05.2009 and obtained cheque book.
5. The complainant issued a cheque on 09.05.2009 vide no. 446002 in favour of P.N.B. Gandhi Maidan, Patna against loan A/c No. 06520789 amounting to Rs. 7,280/- but the opposite party malafidely dishonoured the same on 13.05.2009 and return reason was assigned by the opposite party as “ Account is Inoperative/Dorment – 1”.
6. The complainant issued 2^nd cheque on 09.05.2009 vide no. 446003 in favour of P.N.B. East Gandhi Maidan, Patna against loan A/c no. NC – 06520682 amounting to Rs. 17,950/- but the opposite party malafidely dishonoured the same on 13.05.2009 and return reason was assigned by the opposite party as “ Other Reason ”.
7. The complainant issued 3^rd cheque on 09.05.2009 vide no. 446004 in favour of L.I.C. of India against policy No. 511973498, amounting to Rs. 21,092/- but the opposite party malafidely dishonoured the same on 14.05.2009 and return reason assigned by the opposite party as ‘ refer to Drawer ”.
8. The complainant issued 4^th cheque on 14.05.2009 vide no. 379385 in favour of L.I.C. of India against policy No. 511973663, amounting to Rs. 8,112/- but the opposite party malafidely dishonoured the same on 19.05.2009 and return reason was assigned as ‘ Refer to Drawer ’.
9. It is surprisingly to state that the 1^st cheque was dishonoured on 13.05.2009 and reason assigned as ‘ Account is Inoperative/ Doment-1”, but on 05.05.2009 Rs. 125/- was deducted / debited from the account of the complainant and on 09.05.2009 Rs. 40,000/- came to the A/c of the complainant from the A/c of his wife. Similarly on 14.05.2009 and 19.05.2009 Rs. 75/- debited for dishonour of cheque no. 446004 and Rs. 75/- debited for dishonour of cheque no. 379385 respectively.
10. On the other hand it is also point out here that from the date of issuance of 1^st cheque i.e. 09.05.2009 and the last cheque dishonour dated i.e. 19.05.2009 amount exiting in the A/c of the complainant was Rs. 89,513.08- 89,363.08 which is clearly shows in updates account at page – 19 of the complaint petition of aforesaid period sufficient amount existing in the A/c of the complainant was Rs. 89,513.08/- 89,363.08 and total issued cheque amount was Rs. 54,434/- inspite of that the opposite party has not taken trouble to redress the bonafide grievances of the complainant.
11. It is surprisingly to state that the opposite party dishonoured all the cheques assigning various reasons. In the event of 1^st issued cheque reason of dishonour of cheque was assigned as Account is in operative/ Dorment – 1, which is totally false. The opposite party debited Rs. 125/- on 05.05.2009 on account of cheque book on 09.05.2011 Rs. 40,000/- came from the account of the complainant wife through cheque no. 188481 Rs. 75/- was debited from the A/c of the complainant for dishonour of cheque no. 379385 on 19.05.2009. As per the opposite party Account is inoperative but the aforesaid transaction has been made, which clearly shows the malafide intention of the opposite party. The aforesaid facts have been admitted by the opposite party in his written statement at para – 6.
12. The opposite party stated that the operation of the account of the complainant was stopped w.e.f. 12.05.2009 to 19.05.2009 and the same was with drawn on 20.05.2009 as per statement made by opposite party in this written statement at para – 8 ( Page no. 4 ). It is further stated that the Bank has no right to stop the operation of the A/c of consumer without taking written consent and for this. Certain charge has been taken. The opposite party neither obtained application from the complainant for the same nor intimated him regarding non – operation of the A/c of the complainant and if the A/c’s operation has been stopped then the transaction which has been made within the said period. How, it can be possible?
13. Due to non – availability of cheque book within time and due to dishonoured of cheque by the opposite party the complainant has got a heavy irreparable loss. The complainant is a Senior I.P.S. Officer and having highest regard and respect in the Society. Due to dishonour of cheques the complainant has lost social regard and respect and he was humiliated by doing such act like dishonour of cheques and then he has lost credibility and fame and popularities among the society and due to this he has got mental agony and in this way has got irreparable loss and serious injury and thus under the circumstances he is entitles to be compensated with exemplary amount as a compensation.
14. The complainant is entitled for compensation for physical, mental and economical harassment, amount incurred for making D/D, convenience, cost of litigation as following manner :-
    •  

1. Amount paid for cheque book                          125.00
2. Deferred amount in preparation of D/D            1,000.00
3. Deferred amount in preparation of D/D            694.00
4. Deferred amount in preparation of D/D            332.00
5. Convenience charge ( for making Drafts )        600.00
6. Charge for dishonour of cheques ( 75+75 )       150.00
7. Cost of litigation                                                       10,000.00
8. Loss assessed in absence of cheque book         2,00,000.00
9. Compensation for physical, mental and economical and adverse serious remark passed by the P.N.B. on 04.06.2009 which has been annexed as Annexure – 5 in main complaint petition at Page – 26                                                                       17,00,000.00
   1.  

3. The Opposite Party i.e. State Bank of India in his Show Cause has submitted the following facts in opposition to the submission of the complainant :-

1. At the outset the deponent submits that the complainant has present a distorted version of facts and suppressed many materials as also with held valuable information with a view to obtain any how favourable order from this forum and as such the complaint petition filed by the complainant is not maintainable both on facts as well as in law and hence deserves to be dismissed in limine.
2. The present complaint is frivolous and Vexatious and liable to be dismissed under section 26 of the C.P.Act.
3. The present complaint is not maintainable due to non – joinder of the necessary party i.e., the postal department.
4. Section 3(2) of the state bank of India Act 1955 provides inter – alia that State Bank shall sue and be sued in the name of State bank of India and State Bank of India is represented under regulation 76 read with regulation 77 of the S.B.I, general Regulation 1955. The opposite party is therefore S.B.I. and is represented by its A.G.M. cum Branch Manager, S.B.I. Patna Secretariat Branch, Patna who is authorised under the said regulation.
5. In brief the case of the complainant is that, he is residing in New colony, Digha, Patna since last 30 years in the rented house, receiving Pan card, Letters, Cheque Books etc. through Digha Post Office on the aforesaid address. He presented requisition slip for obtaining cheque Book in State Bank of India, Secretariat Branch, Sichai Bhawan, patna and accordingly the State Bank of India liability Control processing centre ( 5237)2^nd Floor, Block – F, Samriddhi Bhawan – 1 Strand Road, Kolkatta – 700001 sent cheque book through speed post vide registration serial no. 595394 but unfortunately. The postal peon returned the same back mentioning over one envelop not traced ( Annexure – 1 ). The Postal Department has been delivering the letters, Pan Card, cheque book etc. since last 30 years on the aforesaid address of the complainant but the same ( cheque book sent by LCPC ) has not been delivered, reason best known to the Postal, peon and other concerned which clearly proves the deficiency in service on the part of Postal department.
6. On 05.05.2009 a cheque book was issued in favour of the complainant by S.B.I., Patna Secretariat Branch for that Rs. 125/- was also deducted for the same by the Bank from his Account no. 10839277205. Thereafter the complainant has issued cheque no. 44602 & 44603 both dated 09.05.2009 for Rs. 7,280/- & Rs. 17,950/- respectively in favour of P.N.B. east Gandhi Maidan, Patna cheque no. 44604 dated 09.05.2009 for Rs. 21,092/- in favour of L.I.C. of India and cheque no. 379385 dated 14.05.2009 for Rs. 8,112/- in favour of L.I.C. of India. But all the cheques were dishonoured by the Bank ( opposite party ) assigning different reasons i.e. “ dormant ”, “ refer to drawer ” etc. although there was sufficient fund in the account and the account is in regular operation.
7. Without adverting to the content made in complaint petition it is stated that the prayer made by the complainant for a compensation of Rs. 19,12,901/- for physical, economical and mental harassment on account of wrongful dishonour of the aforesaid cheques is being wholly misconceived and it is fit to be rejected in view of the facts as stated herein below.
8. It is stated that the Branch has issued a cheque book to the complainant on 05.05.2009 on his request but, thereafter on 12.05.2009 the Branch has stopped the operation in the account as cheque book mailed to the depositor by L.C.P.C. kolkatta had been returned undelivered, hence cheques issued by the complainant were returned by CCPC, Patna as an abundant precautionary measure as per the banking norms to protect the interest of the depositor as well as the bank without any intention to harm the depositor ( complainant ).

However, the stoppage was withdrawn on 20.05.2009 after handing over the undelivered returned cheques to the complainant on his request and therefore. The cheques would have been honoured if presented after 20.05.2009 if otherwise in order. Hence there is no deficiency in service on the part of the Bank for proper and genuine action taken by it due to any fault made by the postal authority.

9. It is most agonising that in one hand in Para – 2 & 3 of the complaint petition, complainant himself admits that there is deficiency in service on the part of the Postal department but on the other hand he has made a claim, ( Para – 18) against the opposite party Bank.
10. In view of the facts and circumstances as stated above it is crystal clear that the action of the bank is just and proper, hence there is no deficiency in service on the part of the postal authorities,                                 ( department ) and as such the instant complaint petition filed by the complainant against the bank has got no merit and is fit to be dismissed with cost payable to the opposite party i.e. the Bank by the complainant for filling such frivolous case.
11. The answering opposite party craves leave of this forum to file an additional/ supplementary show cause if so required.

4. The Complainant in his Rejoinder has stated the following facts which are as follows :-

1. The complainant is a bonafide consumer of the opposite party and since the day of opening the account he has regularly been depositing and with drawning amount from time to time as per his requirement. The salary of the complainant also comes in this account. The complainant used to pay the loan instalment through cheque issued by the opposite party. The complainant also makes payment of the premium of different insurance Policies by virtue of cheque issued by the opposite party.
2. The complainant presented requisition slip for obtaining cheque Book in the office of opposite party but the same was not delivered within time and in absence of cheque book the complainant has faced much difficulty in operation of his account and became unable to issue cheques for urgent need and work and in this way he was forced to undergo mental, economical and physical harassment.
3. After long wait of said cheque book the complainant went to the office of opposite party and on payment of Rs. 125/- received a cheque book on 05.05.2009 and amount for that was deducted from the account of the complainant.
4. The complainant issued cheque no. 446002 dated 09.05.2009 amounting to Rs. 7,280/- in favour of Punjab National bank, east Gandhi Maidan Patna against loan A/c no. 06520789 and the said cheque was duly received and it was produced in the office of opposite party and the opposite party returned the same on the ground that Account is inoperative/Dormant – 1, in fact on that very day i.e. 13.05.2009 in the account of the complainant total amount existing of Rs. 89,513.08/- and it is also necessary to note that from the complainant’s wife A/c vide no. 010839279790 through cheque no. 188481 amounting to Rs. 40,000/- was transferred to the account of the complainant and credit balance was Rs. 89,513.08/- on 13.05.2009. The opposite party issued cheque book on 05.03.2009 after deduction of Rs. 125/- from the account of the complainant. The opposite party also deducted Rs. 75/- each for dishonour of cheque vide no. 446004 and 379385 respectively. In this circumstances it is saying that account is inoperative/ dormant – 1is totally false and baseless and deficiency on the part of opposite party clearly made out.
5. It is significant to note that the complainant issued another cheque vide no. 446003 on 09.05.2009 in favour of P.N.B. East Gandhi Maidan Patna against the loan account no. A/c 06520682 amounting to Rs. 17,950/- which was also not encahsed and return reason was assigned as other reason and the same was returned to P.N.B. Gandhi Maidan Patna.
6. Due to illegally dishonoured of aforesaid both the cheques the complainant has got irreparable physical, mental and economical harassment. The payee Branch remarked as :- “ This has been viewed serious and question marked on your creditability. Further you are requested not to deposited such cheques which may not be honoured ”.
7. The complainant further issued a cheque vide no. 446004 dated 09.05.2009 amounting to Rs. 21,092/- in favour of L.I.C. of India against Policy No. 511973498 and the same was also dishonoured by the opposite party and assigned return reason as refer drawer.
8. It is necessary to note that the complainant issued cheque no. 446002 dated 09.05.2009 of Rs. 7,280/- in favour of P.N.B. Gandhi Maidan Patna against loan Account no. NC – 06520789 cheque no. 446003 dated 09.05.2009 of Rs. 17,950/- in favour of P.N.B. East Gandhi Maidan Patna against loan account no. NC 06520682 and cheque no. 446004 dated 09.05.2009 of Rs. 21,092/- in favour of L.I.C. of India, against Policy no. 511973498 and the opposite party dishonoured all the cheques assigned various reasons like account is inoperative/ Dormant – 1, other reason and refer to drawer respectively.
9. It is significant to note that all the cheques were issued on 09.05.2009 and amount existing in the complainant’s account during the period 09.05.2009 ( date of issue ) to 14.05.2009 ( date of return of memo ) was Rs. 89,438.08/- and the complainant 3 cheques total amounting to Rs. ( 7,280/- + 17,950/- + 21,092/- ) = 46,322/-. The opposite party deducted Rs. 125/- on 05.05.2009 for issue cheque book and on 14.09.2009 and 19.09.2009 Rs. 75/- was deducted for dishonour of cheque no. 379385. It is also note that on the same day of issuance of cheque Rs. 40,000/- was transferred from A/c no. 010839279790 through cheque no. 188481 and credit balance was Rs. 89,513/- on 09.05.2009.
10. Inspite of sufficient amount in account and the same has been operated regularly by the complainant in this circumstances it is saying that the account is inoperative /Dormant – 1 other reason and refer to drawer itself proves gross deficiency on the part of the opposite party.
11. In reply of the written statement made by opposite party the complainant has to say that the said cheque book was issued by the opposite party on 05.05.2009 and for the same he has deducted Rs. 125/- from the account of the complainant and the opposite party suggested the complainant to do needful through this cheque book. In this day the complainant issued cheques vide no. 446002 of Rs. 7,280/- in favour of P.N.B. East Gandhi Maidan Patna, against loan A/c no. NC 06520789 cheque no. 446003 of Rs. 17,950/- in favour of P.N.B. east Gandhi Maidan Patna against loan A/c no. 06520682 and cheque no. 446004 of Rs. 21,092/- in favour of L.I.C. of India against Policy no. 511973498 but the opposite party has malafidely dishonoured all the cheques assigning various reasons of return like account is inoperative/dormant – 1, other reason and refer to drawer inspite of sufficient amount in the A/c of the complainant. The opposite party has never informed the complainant about stoppage of account of the complainant. It is also note here that payment is concerned it is not in accordance with the Act as well as Banking law. It appears that due to which the opposite party issued cheque book. In the background of facts and circumstance as stated above the opposite party has malafidely dishonoured the cheques and the complainant has got a heavy irreparable loss, physically, mental as well as economically. The complainant has lost his social reputation, due to negligence carelessness, deficiency, extraneous consideration and malafide intention on the part of opposite party clearly proved.
12. The complainant is a highly respectable person of the society and he is posted and Suprintendent of Police, officer on special duty, C.I.D. Bihar, Patna and he has royal reputation in his department as well as the society.
13. Due to cheque dishonoured by opposite party  the complainant has got an irreparable mental, physical and economical harassment and in this way the complainant paid for cheque book Rs. 125/- deferred amount for preparation of Demand Draft of Rs. 2,026/- charge for dishonoure of cheques (75/-+75/- ) = 150/- convenience charge of Rs. 600/- total amounting to Rs. 2,901/- and accordingly loss assessed in cost of litigation Rs. 10,000/- loss assessed in absence of cheque book Rs. 2,00,000/- and compensation for physical, mental and economical harassment assessed Rs. 17,00,000/- all together the complainant is entitled for Rs. 19,12,901/-.
14. The payment of claim ( invested amount, loss assessed in absence of cheque book, compensation, cost of litigation ) to the complainant will be an eye opener to other Bankers so that negligence or deficiency do not occur and not repeated in future.

Perused the documents available on the record and heard the parties at length.

On consideration of the entire materials and facts we find deficiency on the part of opposite party on account of dishonouring the cheques in question on the ground that the cheque book issued by the S.B.I. Liability Control Processing Centre, Kolkatta was not delivered to the complainant on the given address although the opposite party has not issued any notice to the complainant in this regard which was perhaps a minimum requirement.

Accordingly, We direct the Opposite Party to pay to the complainant Rs. 2,301/-( Rs. Two Thousand Three Hundred and One only ) with interest @ 9% ( nine ) per annum from date of filing of this case i.e. 06.10.2009, within a period of two months from the date of receipt of this order failing which the interest rate will be 12% ( twelve ) per annum till its final payment.

Aforesaid Opposite Party is further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant as composite charge for compensation and litigation cost within the aforesaid period of two months.

Accordingly, this case stands allowed to the extent indicated above.

                                               Member                                                             President