West Bengal

Paschim Midnapore

CC/189/2016

Sk. Rasid Mahammad - Complainant(s)

Versus

The Branch Manager, State Bank of India - Opp.Party(s)

15 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

     Bibekananda Pramanik, President,

      Pulak Kumar Singha, Member

and

    Sagarika Sarkar, Member. 

 

Complaint Case No.189/2016

 

Sk. Rasid Mahammad, S/o-Sk. Nanna Mahammad,

Vill & P.O.-Lutunia, P.S.-Sabang,

District-Paschim Medinipur..………..……Complainant.

Vs.

                      The Branch Manager, State Bank of India, Sabong Branch,    

                                P.O. & P.S.-Sabong, Dist-Paschim Medinipur,

                                              .....……….….Opp. Party.

                                                    

                For the Complainant  : Mr. Somasish Panda, Advocate.

                For the O.P.                 : Mr. Debasish Mondal, Advocate.

 

Decided on:15/09/2017

                               

ORDER

            Pulak Kumar Singha, Member : 

 

                     Complainant files  this case u/s 12 of the C.P. Act, 1986.

  In brief the case of the complainant is that, complainant being a student, for  higher studies contact with  Kalinga University (Raipur), Chhatisgarh and made a draft of Rs.40,000/- with O.P.-Bank on 29/03/2016. O.P.-Bank issued bank draft being no.611325 infavour of Kalinga University (Raipur), Chhatisgarh but complainant lost   his draft and intimated the matter to the O.P. and as per advice of O.P., complainant submitted draft cancellation form duly filled in but O.P. made no response, only verbally told that said draft has already encashed in A/c of CCPC, Mumbai Account in spite of

                                                                                                                                                          Contd……………P/2

 

                                                                                               ( 2 )

repeated request from complainant in respect of return back the draft amount but O.P. is negligent and deficient in service.  Complainant appeared before this Forum  for getting redressal as per prayer of his complaint.

O.P. contested this case filing written statement, denying the allegation of  complainant,  stating inter alia, that this case is not  maintainable, complainant without making any G.D. entry in respect of loss of draft in question  submitted draft cancellation form to the O.P. but as per  bank rules,  O.P. cannot stop from making any payment without obtaining  any no objection from the beneficiary.  O.P. came to know from the bank statement that said draft amount  has been credited infavour of Kalinga University  on 25/04/2016.  O.P. has no fault and O.P. prayed for rejection of the instant complaint.

                                                                                                       

                                                  Points for decision :-

1. Is the complaint case  maintainable ?
2. Is the opposite party-bank  negligent or deficient in service ?
3. Is the complainant entitled to get the relief as prayed ?    

                   

Decision with reasons

      All the points are taken together for the convenience and brevity and consideration.  Fact of the  case is that complainant purchased a Bank Draft of Rs.40,000/- on 29/03/2016 from O.P.-Bank  for getting admission of higher education of Kalinga University (Raipur), Chhatisgarh, but  as alleged by the complainant said Bank draft had lost from the possession of complainant. Complainant approached the O.P.  for cancel the draft in question and refund the draft amount and O.P.  refused to his approach.

  Complainant to prove his case adduced evidence  and examined himself as P.W.I. and submitted some documents which marked exhibit 1, 2 and 3 respectively and he was  cross-examined by O.P.  From exhibit-I  it appears that there is not mentioned the date of loss  of draft and complainant also admitted it is his  cross-examination. He also admitted in evidence that  no G.D. entry was made in respect of loss of draft.

 O.P. adduced evidence by examining Branch Manager as OPW-I and in cross-examination he stated that in case of missing  draft, we advised party to lodge G.D. entry at P.S., as complainant did not lodge any G.D. entry we did not start any proceeding. OPW-I stated in his cross-examination that O.P. asked complainant to obtain and submit no objection from beneficiary and he also stated that O.P. has nothing to do, if no such no objection certificate and copy of G.D. entry are not  filed before O.P.-Bank.

We travelled over the documents and case record, it revels that complainant purchased bank draft of Rs.40,000/- on 29/03/2016 being draft no.611325 in favour  of

                                                                                                                                                         Contd……………P/3

 

( 3 )

Kalinga University (Raipur), Chhatisgarh and complainant informed O.P.  regarding missing of said  draft on 21/04/2016,  near about after one month though in the letter addressed to the O.P. no date of missing of said draft has been mentioned, moreover no G.D. entry also made in respect of loss or missing.

Complainant mere made application for cancellation of draft without making any G.D. entry though O.P. advised him to submit copy of G.D. However, O.P.-Bank came to know that draft in question had already encashed by the beneficiary Kalinga University (Raipur), Chhatisgarh on 22/04/2016 in case  of cancellation of bank draft no objection from beneficiary is must required as per bank rules but  complainant did not follow the norms of O.P.-Bank. It is very common think that until and unless the draft reached before the beneficiary how it has encashed from bank through clearing system of bank.

On scrutiny of documents and case record we think that complainant is a very claver person, so, he sent the application form of admission alongwith draft in question to the beneficiary for getting  admission, subsequently he changed the decision and took such plea for making  a drama in the formal cancellation  of  said bank draft and for such act he did not make any G.D. entry to the police station, even after advice of O.P. It is very common prudent that bank draft means as good   as cash.  Lost cheque may be encashed by any person from the bank but in case of lost of draft always be encahsed infavour of beneficiary so, except beneficiary none can present the draft in the bank.  Complainant had enough scope for refund back the draft amount  from the beneficiary by an application as per rules of beneficiary.  But claver complainant appeared before this Forum for getting easy relief by making a false drama which is not at all believable by this Forum.

 In view of the above discussions we find that complainant by filing this meritless claim wastage the valuable time of this Forum.

 We think that the O.P. has no negligent or deficient of service as such the complaint case is not maintainable and complainant is not entitled get any order.

 Thus the complainant case fails.

               Hence, it is,

                                        Ordered,

                   that the complaint case be and the same is dismissed on contest.

       

           Dictated and Corrected by me

                         Sd/- P.K. Singha                                Sd/- S. Sarkar                        Sd/-B. Pramanik.

                                Member                                           Member                                  President

                                                                                                                                    District Forum

                                                                                                                                 Paschim Medinipur