BEFORE THE DISTRICT CONSUMER     

       DISPUTES REDRESSAL FORUM, DHARWAD.  

                                                              COMPLAINT NO.158/2017      

                                                          Dated:  28^th day of November, 2017   

    P r e s e n t

Shri. G.M. Kumbar, B.Com, LLB (Spl)        :  President

                 Shri. B.S. Keri, B.A, LLB (Spl)                    :   Member

V/s

JUDGMENT DELIVERED BY

HON’BLE SRI. G.M. KUMBAR, PRESIDENT:

The complainant has filed this Complaint against the Opposite Parties (herein after referred in short as OPs) u/s 12 of Consumer Protection Act, 1986 claiming direction against Ops to pay sum of Rs.30,191/- with interest and Rs.25,000/- for mental agony and cost.

Brief facts of the case are as under:

2.  The complainant presented cheque of the SBI for Rs.30,191/- on dtd: 08/11/2013 at Attikolla branch as pension amount for October 2013 and the branch manager promised that cheque will be cleared within a week. But in spite of several visit and request by the complainant the cheque is not cleared till today and the complainant being senior citizen and poor person is put to financial difficulties for want of money and he has suffered loss and mental agony. Therefore the complainant has claimed that the act of opponent amounts to deficiency of service and accordingly he claimed for recovery of Rs.30,191/- cheque amount with interest @ 18% and compensation towards mental agony and cost of the litigation.

3.     The OP No. 1 appeared through advocate. The OP No. 2 remained absent. During pendency of case, the OP No. 1 filed memo along with statement of account of complainant and it is stated by the OP No. 1 that amount of Rs.30,191/- towards cheque Dt: 08/11/2013 is credited to the SB A/c of complainant. The advocate for complainant also admits about credit of cheque amount after long delay. However he submitted to award interest and cost of the litigation which is suffered by him. Whereas it is submitted by advocate for Op 1 to close the case as cheque is cleared and amount is deposited. Since the cheque amount is already paid by the Bank, the only question to be decided is regarding quantum of interest and cost of litigation.   

4.     Heard arguments regarding interest and cost.

5.     Now the points arise for consideration are,

1.     Whether complainant is entitled for interest and cost?

            2.     What order?

Our Answer to the above points are:-

Point No.1 – Affirmative,

Point No.2 – As per final order for following.

R E A S O N S

6.       POINT NO.1:- In view of compliance of part of relief claimed by complainant, both parties submitted to pass necessary order regarding payment of interest on cheque amount and cost of the litigation.  Both parties did not adduce any evidence but orally submitted their arguments. It is argued by Op1 to award SB A/c interest and sum nominal cost. But the advocate for complainant requested to award FD interest and heavy cost.

7.    As rightly submitted by advocate for OP-1, there is no provision and Bank Manager has no power to award FD interest on the amount in SB A/c. Though there was delay in clearing the cheque, the customer is entitled for SB A/c interest, but not FD interest.   Therefore considering the delay in clearing the cheque by the bank, it is liable to pay S/B account interest on the cheque amount. It is submitted that the total amount of interest on cheque amount for delay period will be Rs.5,500/-. Therefore we hold that the complainant is entitled for sum of Rs.5,500/- towards interest and deficiency of service.

8.     The complainant requested the Bank several times to credit the cheque amount after clearance. But the bank did not attend the lawful demand of the complainant.  It is negligence on the part of OP No.1. Lastly the complainant is made to approach this Forum.  Hence the OP No. 1 and 2 are liable to pay cost of Rs.3,500/- to the complainant. As such the complainant is entitled for interest and cost as stated above. Accordingly we answer point-1 in affirmative.

9.    POINT NO.2:- In view of our answer and Point No.1 for the reasons stated above we proceed to pass following order.

ORDER

1. This Complaint is partly allowed with costs.
2. The OP No.1 and 2 jointly and severally liable to pay sum of Rs.5,500/-(Rupees Five thousand five hundred only) towards interest on cheque amount.
3. Further OPs are directed to Pay Rs.3,500/- (Rupees Three thousand five hundred only) towards cost.
4. Both OPs shall pay or deposit the above amount within 30 days from the date of receipt of copy of this order.
5. Failing to comply the same within stipulated period the OPs shall pay with interest @ 10% p.a. on total amount ordered, from the date of complaint i.e. 12/09/2017 till realization.   
6. Send the copies of this Order to the parties free of cost.