West Bengal

Paschim Midnapore

CC/87/2017

Sri Bhanu Shit - Complainant(s)

Versus

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

28 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.                           

     

Bibekananda Pramanik, President,

 Pulak Kumar Singha, Member

and

 Sagarika Sarkar, Member.   

Complaint Case No.87/2017

 

Sri Bhanu Shit, S/o-Late Biswanath Shit,

Vill-Puratanbazar, P.O.-Kharagpur, P.S.-Kharagpur (T),

District-Paschim Medinipur

                                                                ..………..……Complainant.

Vs.

1. The Branch Manager, State Bank of India, Kharagpur                                                                                    

P.O.-Kharagpur, P.S.-Kharagpur (T),

District-Paschim Medinipur

1. The Branch Manager, United Bank of India, Kharagpur                                                                              

P.O.-Kharagpur, P.S.-Kharagpur (T),

                                           District-Paschim Medinipur      

 

                                                                              .…...……….….Opp. Parties.

                                                    

                For the Complainant  : Mr. Surojit Dutta , Advocate.

                For the O.P.                 : Mr. Miranal Mukhopadhyay, Advocate.

   

                                                                    Date of Filing : 16/05/201

                                                                    Decided on: 28/02/2018.

                               

ORDER

            Pulak Kumar Singha, Member :

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

                  In short the case of the complainant that complainant has a Saving Bank account bearing no.30231039102 at SBI, Kharagpur Railway Station Branch, within district Paschim Medinipur and he is a bonafide customer of O.P. no.1. Complainant deposited one A/c payee cheque being no.255683 dated 13/12/2016 of Rs. 1,00,000/-

                                                                                                                                                         Contd……………P/2

                                                                                 ( 2 )                                                                                               

(Rupees one lakh) only before O.P. no.1 on 09/03/2017 for collection of the cheque and said cheque was drawn in favour of complainant upon United Bank of India , Kharagpur  branch i.e. O.P. no.2 of this case. The said cheque was returned as dishonored by  O.P. no.2 vide memo no.033325/102003/800 dated 10/03/2017.  O.P. no.1 intimated the matter of dishonor of cheque on 27/04/2017 to the complainant where caused shown Referred to drawer, date expired. O.Ps. have illegally and arbitrarily dishonored the cheque and violated the rules of negotiable instrument act as such O.Ps. have deficiency of service for such complainant has suffered harassment, mental pain and also monetary loss. Complainant prayed for relief as per prayer of his complaint.

                  O.P. no.1 contested the case by filing written objection denying the allegations of complainant stating inter alia, that O.P. no.1 accepted the cheque for clearing and sent the cheque for clearance through CBS system. O.P. no.2 dishonored the cheque by assigning reason. O.P. no.1 has no deficiency of service.

In spite of service of summon O.P. no.2 neither appeared nor contested the case. Hence the case is proceeded exparte against O.P. no.2.      

                             Decision with reasons

                We carefully perused the complaint,  written objection, evidence  and documents and we find that complainant is a bonafide consumer of O.P. no.1 and on 09/03/2017 complainant deposited one cheque bearing no.255683 dated 13/12/2016 of Rs.1,00,000/- drawn at UBI, Kharagpur branch before O.P. no.1 and said cheque was send for collection from O.P. no.2 through CBS system but O.P. no.1 did not mentioned  the date of sending the cheque for collection. However said cheque was returned as dishonored with remarks Referred to drawer, date expired O.P. no.1 return back the cheque to the complainant on 24/07/2017, while the complainant visited with O.P. no.1 Bank for enquire about the status of collection of the said cheque.

  Complainant to prove his case adduced evidence by filing examination-in-chief and tendered himself as P.W.-1 and produced some documents which are marked (Exhibit 1to 7). He also cross-examined by O.P. no.1.

O.P. no.1 also adduced evidence by filing examination-in-chef and witness tendered as OPW-1 and produced some documents which are marked as (Exhibit A to E). This witness also cross-examined by complainant and he admitted that validity of cheque is 90 days from the date of issuance. He also admitted the cheque in question was deposited on 09/03/2017 by the complainant, witness stated it is not possible to collect the cheque on the same day of presentation though it was a local branch. Moreover he admits that on 09/03/2017 and10/03/2017 computer systems of our Bank were working and memo

                                                                                                                                                       Contd……………P/3

 

                                                                                             ( 3 )

               of dishonor was signed by Branch Manager on 27/04/2017.   

     We find from the written objection and evidence of O.P. no.1 that O.P. no.1 cleverly avoided for maintaining the date of presentation of cheque in question for collection and date of obtaining cheque collection report. But we find from the letter dated 10/03/2017 of O.P. no.1,  i.e. exhibit-3 it reveals that O.P. no.1 mentioned we return it to you for the reason below:- Refer to drawer dated expired and said letter was signed by the Branch Manager on 27/04/2017.  Admitted fact that cheque was presented before O.P. no.1 on 09/03/2017 and both O.P. no.1 and O.P. no.2-Bank are situated within same town and very short distance. We find that cheque in question, payable at all branches and we know as per banking circular that such payable at par cheque always be collected on the same day of presentation. In the instant case the said cheque was valid for three months and as per British Calendar three months defined as 90 days. The cheque in question was issued on 13/12/2016 and as such according to 90 days  it was valid up-to 13/03/2017. As per statement of O.P. no.1  computer  generated letter dated 10/03/2017 i.e. exhbit-3there is mentioned Refer to drawer date expired, where the word date expired is written by ink pen but in reply of Advocates letter dated 18/05/2017 there is mentioned caused Refer to drawer where the word date expired is absent. From such conduct of O.P. no.1 it reveals that O.P. no.1 did not take reasonable care for collection of said cheque in time and for filling up their lacuna O.P. no.1 has  taken false plea that validity of cheque was expired which has no valid reason to prove the case of O.P. no.1.  We think that cheque was not presented within its validity period for collection of the same by O.P no.1.

  In-spite service of summon O.P. no.2 neither appear nor contested the case by filing their statement rather ignored this Forum and in this way the allegations of complainant is unchallenged and uncontroverted by O.P. no.2.

  In view of the discussions herein before we find that due to irresponsible and  illegal act of O.Ps. complainant has suffered harassment, mental pain and minatory loss and for such act complainant is entitled to get an order as prayed for.  

                              The complaint case succeeds.           

           Hence, it is,

                                                 Ordered,

                             that the complaint case be and the same is allowed on contest  against O.P. no.1. and exparte against O.P. no.2 with cost.

O.Ps. are  directed to pay jointly or severally a sum of Rs.1,00,000/- (One lakh) only with 8% interest from 09/03/2017, to pay Rs.10,000/- as compensation for

                                                                                                                                                      Contd……………P/4

 

( 4 )

harassment,  mental pain and anxiety  and to pay Rs.5,000/- as litigation cost to the complainant within 30 days from the date of order.

Failure to comply O.Ps. shall be liable to pay Rs.2,000/- per month as penal cost to the Legal Aid Fund of this Forum till full realization.

                       Let plain copy of this order be given to the parties free of cost.

             Dictated and Corrected by me

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

                               Member                                          Member                                     President

                                                                                                                                    District Forum

                                                                                                                             Paschim Medinipur