Delhi

North

CC/165/2019

KULJIT SINGH DUGGAL - Complainant(s)

Versus

THE BRANCH MANAGER - Opp.Party(s)

23 Dec 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

Consumer Complaint No. 165/2019

In the matter of

Sh. Kuljit Singh Duggal           

S/o Late Sh.Iqbal Singh Duggal

R/o 106/28, Upper Ground floor

Rajouri Garden Extension,

New Delhi-110027                                                                                               ...Complainant

                                                                                    vs

 

The Branch Manager

Axis Bank, Branch Sadar Bazar

Delhi-110006                                                                                                  ... Opposite party

                                               

ORDER

23/12/2023

Ms.Harpreet Kaur Charya, Member

            The present complaint has been filed by Sh.Kuljit Singh Duggal, the complainant against the Branch Manager, Axis Bank, Branch Sadar Bazar with the allegations of deficiency in services.

1. Fact as per the complaint are that the complainant is maintaining a saving bank account bearing No.909010045235138 for more than 10 years with OP.  The complainant is having an electricity connection with BSES Yamuna Power Ltd. (BYPL) bearing CA No.100556003.
2. The complainant issued a cheque bearing No.051361-1100211076-000180-31on 14/08/2019 in favour of BYPL in lieu of the demand bill of Rs.17,070/-.  The said bill was to be paid on or before 17/08/2019.  The complainant has stated that the cheque was returned back by OP with the remark “run time error cheque unused” and the cheque was presented in the OP Bank twice vide  No.5002 and 5019. The complainant has alleged  that he had sufficient funds of Rs.39,447.45 in his account up to 16/08/2019 but the cheque was intentionally dishonoured by OP.
3. As the payment was not made for the previous bill, BYPL issued a red bill of Supply of Electricity for a sum of Rs.35,310/-to be paid by 16/09/2019.  The complainant has alleged that he issued a cheque of Rs.35,310/- on 16/09/2019 to OP but the same was refused to be accepted by OP on the ground that the computer system was not working.  On 18/09/2019, the complainant received a message with the demand of a sum of Rs.44,160/- .
4. The complainant, a Senior citizen has alleged that act/omission on the part of OP has caused mental harassment and agony.  Hence, the present complaint with the prayer for direction to OP to pay Rs.2,00,000/- as compensation for physical and mental agony and harassment and to pay Rs.17,070/-paid in excess alongwith interest (the relief claimed by complainant is not clear).
5. The complainant has annexed the copy of the Adhar Card as Annexure-A, bill issued by BSES Yamuna Power Ltd. with due date 17/08/2019 and receipt  as Annexure-B (colly), cheque issued by the Complainant of Rs.17,070/- dated 14/08/2019 as Annexure-C as well as the back side of the cheque as Annexure-D.   The complainant has also filed the statement of account maintained with  OP for the period 02/07/2019 to 16/09/2019 as Annexure-E, bill of supply of electricity issued by BSES Yamuna Power Ltd. as Annexure-F and copy of the cheque for making a DD in favour of BSES YP Ltd. for Rs.35,310/- as Annexure-G.
6. Notice of the present complaint was issued to OP.  Thereafter, written statement was filed on their behalf.
7. In their written statement OP has submitted that the reason for return of cheque bearing no.05136 was “run time error cheque unused” which meant that the said cheque was not read by the Cheque scanning Machine/computer system due to an error and the same was returned to the complainant.  Thus, complainant had suffered no financial loss and no cheque return charges were deducted from the complainant’s account.
8. It has been submitted that the complainant has not paid the electricity bill due on 17/08/2019, thus the total amount to be paid by the complainant was Rs.17,070/- and thereafter, as per the consumption BSES had issued a bill of Rs.35,310/-.  Therefore, OP was not liable to pay any compensation on account of allegations of mental and physical agony and harassment.  Rest of the contents of the complaint have been denied with the prayer for the dismissal of the complaint. No document has been filed with the written statement.
9. Evidence by way of affidavit was filed by the complainant repeating the allegations made in the complaint and has relied upon the Annexure–A to Annexure-G with the complaint.
10. OP has got examined Sh.Dheeraj Arora, Deputy Vice President and Branch Head, Sadar Bazar.  The submissions made in the written statement have been repeated.   
11. We have heard the submission made by the complainant appearing in person and Ld. Counsel for the OP and have perused the material placed on record.  On 20/03/2023, the Complainant filed an application in the ‘dak’ of this commission informing the change of his residential address. The new address of the complainant is taken on record.
12. The complainant has alleged that the cheque bearing no.051361 dated 14/08/2019 for Rs.17,070/- issued to BYPL for the payment of dues against CA No.100556003 was returned  by OP with the remark “Run time error Cheque unused”. This remark has been admitted by OP. They have explained in the meaning of same as “Cheque was not read by the Cheque scanning Machine/computer system due to an error and the same was returned to the complainant.”  Thus, it is clear that the said cheque was not cleared due to some error in reading the scanned copy of the cheque.  The said scanning machine/computer system is controlled/maintained by OP and the complainant has no control over the same. OP has not placed a single document on record to show that this error was due to the act/fault on account  of the complainant due to  which the payment could not be processed.
13. It has been stated by the OP that complainant has not suffered any financial loss, however, as per the electricity bill dated 29/08/2019, BYPL has levied Late Payment Surcharge (LPSC) of Rs.93.94 on account of non-payment of the bill relating to July 2019.  Even though  a meagre amount but the complainant has been charged for LPSC by BYPL.  The cheque dated 14/08/2019, was issued by complainant well in advance before the due date in discharge of his liability.  The LPSC has been charged due to the act/omission on the part of the OP, as they did not clear the cheque when presented for clearance.  Thus, the complainant has suffered a financial loss on account of the act/omission of the OP. 
14. At the same time the complainant has prayed for direction to OP to pay Rs.44,160/- in excess of Rs.17,070/-, we are unable to ascertain as to how the complainant has prayed for this amount.   The bills have been raised by BYPL for actual consumption by the complainant, which is not to be adjudicated in the present complaint.  It is settled principle of law that Consumer Protection Act is not for the unjust enrichment of the complainants.  
15. Therefore, in the facts and circumstances of the present complaint we direct OP to pay Rs.93.94 (charged as LPSC by BYPL)  alongwith interest @7% p.a. from the date of filing of present complaint i.e. 23/09/2019 till realisation. We further award compensation of Rs.1,500/- on account of mental agony and harassment for deficiency in services.

The order be complied with in 30 days from the date of receipt of order. In case of non-compliance, the OP shall be liable to pay interest @9% per annum on 1593.94 (93.94 +1,500/-) from the date of order till realisation.

Office is directed to supply the copy of this order to the parties as per rules. Order be also uploaded on the website.  Thereafter, file be consigned to the record room.

 

(Harpreet Kaur Charya)            Member	(Ashwani Kumar Mehta)             Member           (Divya Jyoti Jaipuriar)                 President