BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri.T. Sundara Ramaiah , B.Com B.L., President
And
Sri. M. Krishna Reddy , M.Sc., M.Phil., Male Member
Friday the 20th day of August, 2010
C.C. No.87/09
Between:
H.Rama Rao, S/o Late H. Bheema Rao,
R/o. H.No.80-11-80A, Upstairs, Aditya Nagar, Opposite to I.T.C, Krishna Nagar, Kurnool-518 002. …..Complainant
-Vs-
The Branch Manager, ICICI Bank Limited,
40/384/1, U-con Plaza, Park Road, Kurnool-518 001. …Opposite Party
This complaint is coming on this day for orders in the presence of Sri.L.Viswanadham, Advocate, for complainant, and Sri.P.Madhu Sudhan Reddy, Advocate for opposite party and upon perusing the material papers on record the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President)
C.C. No.87/09
1. This complaint is filed under section 12 of C. P. Act, 1986 praying to direct the OP
(a) to adjust the amount of Rs.393/- that was deducted in excess from the account of the complainant to the credit of his account ,
(b) to pay a sum of Rs.5,000/- towards mental agony suffered by the complainant in corresponding with the OP for the adjustment of the said meager amount of Rs.393/-
( c) to pay interest from the date of deduction
(d) for costs of the suit and
(d) for such other relief or reliefs as the Hon’ble Forum deems fit and proper in the circumstances of the case.
- The case of the complainant in brief is as follows:- The complainant is having S.B .Account bearing No. S.B.GEN-02790152813 with the OP. On 20-03-2008 the complainant issued a cheque bearing No. 543186 for Rs.15,000/- infavour of M/s. Sri Rama Transport Finance Company Limited .The said cheque was drawn on OP branch . The bearer of the said cheque presented it through its banker HDFC Bank, Kurnool for collection. Prior to the issuance of the cheque for Rs.15,000/- , the complainant deposited an amount of Rs.16,000/- and odd by way of cheque on 19-03-2008 . The OP returned the said cheque to the drawer on 24-03-2008 with a memo stating ‘EFFECTS NOT YET CLEARED – PLEASE PRESENT AGAIN ’’. While returning the said cheque the OP deducted a sum of Rs.393/- from the account of the complainant towards returned charges. On 22-03-2008 there is a credit balance of Rs.29,217/- in the account of the complainant but the OP returned the cheque and collected the returned charges. The complainant suffered mental agony on account of the negligence of the OP. The complainant got issued a legal notice to the OP to adjust the amount of Rs.393/- that was deducted in excess. The OP gave a reply with false allegations. Hence the complaint.
3. OP filed written version stating that the complaint is not maintainable. It is admitted that the complainant is having SB A/c bearing No. S.B.GEN-02790152813. On 20-03-2008 the complainant deposited cheque bearing No. 273794 for Rs.15,000/- in his account. The said cheque was presented for collection on 22-03-2008 as a bank was closed on 21-03-2008 on the occasion of Good Friday. As per the collection policy of Kurnool Banker’s Clearing House , the instruments presented on Saturday would be realized on the next working day. As the cheque of the complainant was presented on Saturday, the OP bank received the payment from the drawee bank on 24-03-2008. Accordingly the account of the complainant was credited. The cheque bearing No. 543186 for Rs.15,000/- issued by the complainant infaovur of M/s. Sri Rama Transport Finance Company Limited was received by the OP. It was returned for the reason EFFECTS NOT YET CLEARED – PLEASE PRESENT AGAIN as the account of the complainant was not yet credited with the process of the cheque presented by the complainant. The OP charged the fees applicable to the savings account holders of M/s ICICI Bank Limited. There is no deficiency of service on the part of the OP. The complaint is liable to be dismissed.
4. On behalf of the complainant Ex. A1 to A11 are marked and the sworn affidavit of the complainant is filed. On behalf of the OP ExB1 and B2 are marked and sworn affidavit of OP is filed.
5. Both parties filed written arguments.
6. The points that arise for consideration are
(i) whether there is deficiency of service on the part of OP?
(ii) whether the complainant is entitled to any relief ?
- To what relief?
7. Points No.1 & 2 :- Admittedly the complainant is having SB.A/c bearing No.S.B.GEN-02790152813 with the OP bank. It is also admitted that on 20-03-2008 the complainant presented a cheque bearing No. 273794 for Rs.16,430/- in the OP bank for collection. Ex.A1 is the copy of the said cheque. Ex.A3 statement of account of the OP issued by the OP bank reveals that the cheque bearing No. 273794 was cleared on 22-03-2008 and an amount of Rs.16,430/- was credited in the account of the complainant. By 22-03-2008 an amount of Rs.29,217/- was the credit balance in the account of the complainant.
8. It is the case of the complainant that he gave a cheque bearing No. 543186 dated 20-03-2008 drawn on OP bank infavour of M/s.Sri Rama Transport Finance Company Limited , the said cheque was presented by M/s. Sri Rama Transport Finance Company Limited through its banker HDFC bank for collection , that the said cheque was not honoured by the OP bank though sufficient amount was available and that an amount of Rs.393/- was unnecessarily deducted from his account stating FFECTS NOT YET CLEARED – PLEASE PRESENT AGAIN. Ex.A2 is the copy of the cheque issued by the complainant infavour of Sri Rama Transport Finance Company Limited. Admittedly the said cheque was returned to the HDFC Bank by the OP bank on 24-03-2008 with an endorsement that EFFECTS NOT YET CLEARED – PLEASE PRESENT AGAIN . E.xA5 is the said letter dated 24-03-2008 issued by ICICI Bank Limited to the HDFC Bank . Ex.A4 is the statement issued by HDFC Bank where in it is mentioned that the cheque bearing No. 543186 issued by the complainant infavour of Sri Rama Transport Finance Company Limited was returned for insufficient funds. According to the complainant there was sufficient credit balance in his account by 24-03-2008 and that the OP bank unnecessarily returned the cheque bearing No. 543186 issued by him infavour of the Sri Rama Transport Finance Company Limited. As seen from the Ex.B1 statement of the account of the complainant filed by OP it is very clear that an amount of Rs. 29,217/- was available in the account of the complainant by 22-03-2008 . It is the contention of the OP that the cheque bearing No. 543186 issued by the complainant was returned for the reason EFFECTS NOT YET CLEARED – PLEASE PRESENT AGAIN. The OP bank not cleared the cheque bearing No. 543186 dated 20-03-2008 even though sufficient amount was available in the account of the complainant. In addition to the returning of the cheque by the OP, the OP also debited an amount of Rs.393/- in the account of the complainant on 24-03-2008 . There was negligence on the part of the OP in not honouring the cheque bearing No. 543186 that was issued by the complainant. The OP bank is not entitled to debit an amount of Rs.393/- in the account of the complainant on 24-03-2008. There is deficiency of service on the part of the OP in not honouring the cheque issued by the complainant though there was sufficient amounts in the account of the complainant . The OP bank wrongly debited an amount of Rs.393/- in the account of the complainant on 24-03-2008 . Inspite of several notices issued by the complainant the OP did not set right the wrong committed by it. The complainant was put to mental agony.
8.. Point No.3: In the result the complaint is partly allowed directing the OP to adjust an amount of Rs.393/- debited in the account of the complainant on 24-03-2008 and to pay a sum of Rs.500/- for mental agony to the complainant along with costs of Rs.500/- within two months from the date of the order.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 20th day of August 2010.
Sd/- Sd/-
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1 Photo copy of cheque bearing No.273794, dt.14-3-2008 for Rs.16,430/- of Union Bank of India, Hyderabad.
Ex.A2. Photo copy of cheque bearing No.543186, dt.20-3-2008 for Rs.15,000/- of ICICI Bank Ltd., Kurnool.
Ex.A3. Statement of ICICI Bank for the period from 01-04-2008 to 13-08-2008.
Ex.A4. Photo copy of Return statement of HDFC Bank Ltd., Kurnool.
Ex.A5. Photo copy of Letter Issued by the ICICI Bank Ltd., Kurnool, dt.24-03-2008.
Ex.A6. Representation of the complainant to the OP. dt.24-4-2008
Ex.A7. Letter of the Kurnool Customer Care Center dt.04-7-2008.
Ex.A8. Letter addressed to OP dt.04-07-2008.
Ex.A9. Representation of the complainant to OP dt.23-07-2008.
Ex.A10. Office copy of the legal notice dt.07-11-2008 along with postal receipt and acknowledgement.
Ex.A11. Reply Notice dt.21-11-2008
List of exhibits marked for the opposite parties:
Ex.B1. Statement copy of ICICI Bank, Kurnool, dt22-07-2010 for the period from 01-01-2009 to 30-06-2009.
Ex.B2. Reply Notice dt. 21-11-2008.
Sd/- Sd/-
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
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