BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri K.V.H.Prasad, B.A., LL.B., President
Smt.C.Preethi, Hon’ble Lady Member
Sri R.Ramachandra Reddy, B.Com., LL.B., Member
Friday the 28th day of July, 2006
C.C.No.62/2006
V. Lalith, S/o V. Bhagavan Das, Prop. M/s Modi Medical Marketers,
46/675, Opp. Medical College, Budhawarapeta, Kurnool. ... COMPLAINANT
Versus
The Branch Manager, ICICI Bank,
No. 40-384/1, UCON Plaza, Opp. Kids World, Kurnool. ... OPPOSITE PARTIES
This complaint coming on this day for Orders in the presence of Sri C.V. Ram Prasad, Advocate, Kurnool for Complainant, Sri.P.Madhusudhan Reddy, Advocate, Kurnool for Opposite Party and stood over for consideration till this day, the Forum made the following.
O R D E R
(As per Smt.C.Preethi, Hon’ble Lady Member)
- This Consumer Complaint of the Complainant is filed under Section 12 of C.P. Act, 1986 seeking a direction on the Opposite Party to pay cheque amount of Rs 17,206/-, with 18% interest P.A., Rs 20,000/- as compensation, Rs 2,000/- as cost and any such other relief or reliefs which the Complainant is entitled in the circumstances of the case.
- The brief facts of the Complainant’s case is that the Complainant is a Proprietary concern running in the name and style of M/s Modi Medica Marketers. During the course of his business one M/s Nilakanta Surgical and Lab Needs, Nirmal, Nizamabad District issued a cheque bearing No. 126353 for Rs 17,206/- to the Complainant and the said cheque was deposited with Opposite Party bank on 8-10-2005 for withdrawal of said amount. But when the Complainant approached Opposite Party for withdrawal of said amount, the Opposite Party informed that the said cheque was dishonoured by Andhra Bank, there after, the Complainant requested the Opposite Party to return the said cheque so that he can initiate proceedings under section 138 of Negoriable Instrument Act against his customer. To the other surprise of the Complainant the Opposite Party informed that the cheque was misplaced and they are trying to trace out. Inspite of several trips to the bank and repeated requests the Opposite Party failed to return the cheque, being vexed the Complainant got issued legal notice dated 03-04-2006 and the Opposite Party replied with false and baseless allegations. The above said conduct of Opposite Party is amounting to deficiency of service towards the Complainant. Hence the Complainant resorted to forum for redressal.
- The Complainant in support of his case relied on the following documents viz; (1) Lawyer’s notice dated 03-04-2006 issued by Complainant’s counsel to Opposite Party (2) Reply dated 11-04-2006 of Opposite Party’s counsel addressed to Complainant’s counsel. (3) Cheque deposit pay in slip dated 08-10-2005 issued by Opposite Party Bank to the Complainant (4) Letter dated 05-04-2006 of Opposite Party addressed to the Complainant, besides to the sworn affidavit of the Complainant in reiteration of his Complainant averments and the above documents are marked as Ex. A1 to A4 for its appreciation in this case.
- In pursuance to the notice of the forum as to this case of the Complainant the Opposite Party appeared through their advocate but failed to file written version inspite of giving adjournments on 20-06-2006, 27-06-2006 and 30-06-2006 and were made exparte on 30-06-2006 and remained absent through out the case proceedings.
- Hence, the point for consideration is to what relief the Complainant is entitled alleging deficiency of service on part of Opposite Parties?:
- It is the case of the Complainant that he has an account in Opposite Party Bank and he deposited a cheque bearing No. 126353 for Rs 17,206/- on 08-10-2005 vide Ex. A3. The Ex.A3 is the cheque deposit pay in slip dated 08-10-2005 for encashment. Obviously, when the cheque was presented for clearance there exists a relationship of hiring service for consideration for consumer. The Complainant is a consumer and the Bank concerned becomes service giver because the Bank charges fees which may be termed as service charges. It is clear that the relation ship between the Bank and the Depositor / Complainant is of consumer and the giver of service.
- In view of the above facts that the consumer was under obligation to make payment of commission for service of collecting the cheque and the Bank in turn becomes duty bound and should discharge its duty with all necessary faithful obligations. The cheque in the instant case was sent to Andhra Bank, Nirmal Branch by Opposite Party Bank which was encashed and as such it is deficiency of service rendered by Bank. Inspite of several trips the Opposite Party Bank did neither credited the cheque amount to the Complainant’s account nor accounted. As there was no response from the Opposite Party Bank the Complainant got issued legal notice dated 03-04-2006 vide Ex.A1, the same greviances such as depositing the cheque for encashment of amount but the said amount was not credited to the Complainant’s account and thereby alleges deficiency of service. The Ex.A2 is the reply notice of Opposite Party dated 11-04-2006, stating that Opposite Party Bank has issued notices to Andhra Bank, Branch Managers, Adilabad and Sultan Bazar, and it is lengthy process after deposit of cheque and the Opposite Party Bank has never neglected this issue of the Complainant and it is under process, except stating that their appears any deligent endeavour made by the Opposite Party to return the said cheque to the Complainant, after causing legal notice or before to filing of this complaint. The Opposite Party vide Ex.A4, letter dated 05-04-2006 informed the Complainant that as per confirmation from Andhra Bank, Nirmal Branch, the said cheque was returned for reason in sufficient funds and till date they have not received the cheque and on follow up with the courier agency it is revealed that the said instrument was lost in transit. The Opposite Party in Ex.A4 reported that the cheque was lost in transit and in the reply notice in Ex.A2 have given contradict version as under process. Hence, no credence can be given to the version of Opposite Party.
- Once the Bank charges the commission delaying the matter for such a long period can not be done. It is expected that within a reasonable time the Bank will send the cheque for clearance so that the Consumer may have proceeds of the cheque credited in his account for his personal use. In the instance case the cheque in question was lost and the reported loss was informed to the Complainant on 05-04-2006 vide Ex.A4, there is delay of six months and this delay has not been explained. Normally the cheque should be collected with in 15 days or a month. The fate of the cheque which has been sent should be known. Obviously it is clear case of deficiency in this case on part of Opposite Party Bank for the loss of cheque and the Opposite Party Bank is liable to make good the loss equalent to the value of the cheque. Thus, the Complainant is certainly entitled for the refund of cheque amount and cost.
- In the result the complaint is allowed, directing the Opposite Party to pay to the Complainant the cheque amount of Rs 17,206/- with 12% interest P.A. form the date of deposit i.e., 08-10-2005 till payment along with cost of Rs 5,000/-. In default the supra awarded amount shall be paid with 12% interest from the date of default till realisation.
Typed to the dictation to the Computer Operator, corrected and pronounced by us in the Open Forum this the 28th day of July, 2006.
PRESIDENT
MEMBER MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the Complainant: Nil For the Opposite Party : Nil
List of Exhibits marked for the Complainant:-
Ex.A1 Legal notice dated 03-04-2006
Ex.A2 Reply of Opposite Party dated 11-04-2006.
Ex.A3 Cheque deposit pay in slip for Rs 17,206/- (17,200/-) dated 08-10-2005.
Ex.A4 Letter dated 05-04-2006 of Opposite Party addressed to Complainant
List of Exhibits marked for the Opposite Party :- Nil
PRESIDENT
MEMBER MEMBER
Copy to:-
- Sri. C.V. Ram Prasad, Advocate, Kurnool,
- Sri P. Madhusudhan Reddy, Advocate, Kurnool
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties:
