J U D G E M E N T
An application has been filed by the complainant u/s-12 of the C.P.Act 1986 against the O.P. praying for a direction to be given upon the O.P. to pay compensation to the tune of Rs.4,50,000/- for suffering mental anxiety and agony and also for loss of reputation and dignity of the complainant along with litigation cost of Rs.50,000/-altogether Rs.5,00,000/-.
The brief fact of the case is that he has an bank account with the O.P. Bank being A/C. No.33213015831 and on 09.09.2016 he issued one account payee cheque out of that A/C. in favour of one Ujjal Jana amounting to Rs.1104/- being cheque No.079162 and aforesaid person presented the said cheque before his banker i.e. U.B.I. and on 15.09.2016 said person came to know that the said cheque was dishonoured due to insufficient fund though the complainant stated that at the relevant period of time the Bank Account of the complainant had sufficient balance to honour the cheque. The complainant also stated that the O.P. Bank also deducted penalty charge.
The complainant further stated that after knowing the facts of dishonor of the said cheque the aforesaid person met the complainant and behaved rudely and as a result of which the complainant was humiliated publicly though he has no fault on his part.
The complainant further stated that he met with the O.P. Bank Manager and wanted to know the reason as to why the cheque was dishonoured though the account of the complainant had sufficient balance, but O.P. Bank Manager did not give any satisfactory answer rather he misbehaved with the complainant. On 31.12.2016 the complainant sent one letter to the O.P.Bank seeking explanation of such dishonor and O.P. Bank in reply admitted that due to negligence on the part of the banking the said cheque was dishonoured. The complainant alleges deficiency in service, gross negligence, and unfair trade practice against the O.P.Bank and files this case for compensation of Rs.4,50,000/- and litigation cost of Rs. 50,000/- and for other reliefs as prayed in the complaint petition.
The complainant files the following documents in xerox along with the complaint petition in order to prove his case.
- Copy of Cheque being No.079162 dated 09.09.2016 drawn on State Bank of India, Bally Branch, Howrah.
- Copy of Return Memo Dated 15.09.2016 of United Bank of India.
- Copy of Bank Statement in the name of Complainant being account no. 33213015831.
- Copy of Letter dated 31.12.2016 sent by Complainant to the Branch Manager, State Bank of India, Bally Branch, Howrah.
- Copy of Letter dated 04.01.2017 issued by Branch Manager State Bank of India, Bally Branch, Howrah.
- Copy of Letter dated 08.03.2017 sent by Complainant to the Branch Manager, State Bank of India, Bally Branch, Howrah.
- Copy of Letter dated 17.03.2017 issued by Branch Manager State Bank of India, Bally Branch, Howrah.
The notice was sent to the O.P. and the O.P. after receiving the notice appeared before this Forum through his Ld. Advocate and contested this case by filing W/V. The O.P. denied all the allegations made in the complaint petition and prays for dismissal of this case on the ground that the case of the complainant is not maintainable in the Forum. The facts stated in the complaint petition are all false, baseless, malafidy, concocted and harassing in nature and the complainant files this case suppressing the material facts.
In the W/V it is stated that the complainant on 31.12.2016 sent one letter to the O.P., which the O.P. received on 03.01.2017 and the O.P. very next day i.e. 04.01.2017 sent a reply to the complainant. The O.P. assured the complainant that as the cheque was processed in other centre (CCPC), the O.P. Bank was trying to make contact to locate the fault as the complainant was maintaining sufficient balance and deposited as a valued customer. The O.P. also informed the complainant that the bank refunded the dishonour charges to his account and the O.P. prayed apology for the inconvenience.
Further, in a reply to the letter of the complainant dated 08.03.2017 the O.P. clearly mentioned that on 15.09.2016 the drawing power of the account of the complainant somehow came to zero and on 16.09.16 when it came to the notice of the bank the O.P. Bank, restored the drawing power in the late hours. The O.P. stated that there was no negligence or deficiency in service on the part of the O.P. Bank and prays for dismissal of the case.
During hearing the complainant filed written affidavit-in-chief.
No evidence has been filed on behalf of the O.P. The complainant as well as the O.P. filed BNA separately.
From the complaint petition, W/V, evidence of the complainant and other materials on record the following points have been framed.
- Is the complainant a consumer?
- Is/was the O.P. deficient in providing service?
- Is the complainant entitled to get any relief as prayed for?
Decision with reasons.
All the points have been taken together for the sake of brevity and avoidance of repetition of facts.
It is evident from the evidence of the complainant and other materials on record that the complainant has been maintaining a bank A/C. being No.33213015831 with the O.P. Bank and he issued a cheque amounting to Rs.1104/-, being cheque No.079162 in favour of Ujjal Jana, out of that account which has been dishonoured by the O.P. Bank despite having sufficient balance in the account, when it presented to the Bank A/C. of the payee Ujjal Jana on 15.09.2016. The O.P. Bank in reply to the letter of the complainant admitted that the A/C. had sufficient balance to honour the cheque and apologized for the inconvenience caused to the complainant and the O.P. Bank also refunded the dishonor charge to the account of the complainant.
Further, from the evidence and other materials on record, it is found that the account of the complainant is an overdraft account sanctioned against fixed deposits. It is evident from the letter of the O.P. Bank dated 17.03.2017 that on 15.09.16 the drawing power of the account came to zero due to some reason and the O.P. Bank on 16.09.16 restored the same in late hours when it came to the notice of the O.P. Bank. The A/C. statement of the complainant reflects that the complainant had sufficient balance to honour the cheque amounting to Rs.1104/-.
Considering the above, we hold the view that the complainant is a consumer of the O.P. Bank as per the definition of ‘consumer’ u/s 2(1)(d) of the C.P. Act, 1986, and the dispute between the parties is a consumer dispute and the O.P. Bank is deficient in service.
The O.P. Bank ,being the service provider particularly when serving financial matters, should be more careful while dealing any service and such types of irresponsible acts are not at all desirable from the O.P. Bank. O.P. Bank is directed to be more vigilant and act more seriously and cautiously while dealing with its customers for providing service in future.
Further, considering the nature and gravity of the case and the sufferings sustained by the complainant, we hold the view that an amount of Rs.5000/- by way of compensation is just and proper in order to commensurate the sufferings sustained by the complainant, though he has not lost any farthing. We, further hold the view that an amount of Rs.3000/- is just and proper to be awarded for litigation costs.
All the points have discussed and go in favour of the complainant. The complainant is able to prove his case. The case of the complainant is thus succeeded.
Hence,
it is
Ordered
that the Consumer complaint, being No.CC-226/2017 is allowed on contest. The O.P. is directed to pay compensation of Rs.5000/- and litigation cost of Rs.3000/-, totaling Rs.8000/- to the complainant within 2 months from the date of this order.
In default, the complainant may put the order in execution for recovery of the amount as aforesaid as per provisions of C.P. Act, 1986.
Let free copies be given to the parties concerned as per provision of C.P.R.-2005.
Dictated and corrected by me.
(Smt. Banani Mohanta Ganguli)
Member, C.D.R.F., Howrah.
