Haryana

Ambala

CC/8/2015

Rajeev Kumar - Complainant(s)

Versus

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

Manish Kashyup

13 Oct 2017

ORDER

FBEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

AMBALA.

                                       Complaint Case No.: 8 of 2015.

                                       Date of Institution:     08.01.2015.

                                                     Date of order:                    13.10.2017.

 

Rajeev Kumar s/o Sh.Baljit Singh r/o H.No.658/4 Guru Ravi Dass Basti Ambala City.

                                                                          ….. Complainant.

                                          Versus     

 

1. The Branch Manager, State Bank of Patiala, Jain College Road, Ambala City.

2.  The Chief Manager, State Bank of Patiala, Safidon District Jind.

 

….Opposite parties.

 

Complaint U/s 12 of the Consumer Protection Act

                                                                                

BEFORE:       SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER         

                   MS. ANAMIKA GUPTA, MEMBER                 

 

Present:          Shri Manish Kashyap, Advocate for the complainant.

                  Ms Anjana Goel, Advocate for the opposite parties.

 

ORDER:

 

                   Brief facts of the present complaint are that complainant is having saving bank account No.65013211890 with OP No.1 and he had purchased a plot at Safidon District Jind vide agreement to sell dated 11.06.2012 for an amount of Rs.12 lac from Dinesh Sharma but unfortunately that transaction could not work as  said Dinesh Kumar was not owner of the land.  In order to resolve the matter said Dinesh Kumar issued a cheque No.571085 dated 15.06.2013 for an amount of Rs.5 lac towards the partial discharge in favour of the complainant which was presented for encashment by him with OP No.2 but the same was dishonoured vide memo dated 28.06.2013. Thereafter the complainant told about this fact to said Dinesh Sharma who asked the complainant to present the cheque for second time in the week of September 2013. The complainant again presented the cheque with OP No.1 on 12.09.2013 but after elapsing of three months the OPs did not bother to disclose the status of the same. In the month of December, 2013 the complainant received a letter dated 24.12.2013 from OP No.1 issued by Op No.2 whereby it has been intimated that the cheque has already been expired and request for revalidating the same has also been made. The complainant contacted the Op No.2 on telephone but it did not give any response. Thereafter, the complainant requested said Dinesh Sharma to issue new cheque but he refused to do the same. The act and conduct of the Ops clearly amounts to deficiency in service and the letter dated 24.12.2013 has been sent by the OPs in order to save their skin.  The complainant got served legal notice upon the OPs but to no avail. In evidence, the complainant has tendered affidavit Annexure CX and documents Annexure C1 to Annexure C11.

2.                Upon notice, OPs appeared through counsel and resisted the complaint by filing joint reply wherein it has been submitted that the complainant had presented the cheque No.571085 dated 15.06.2013 for Rs.5 lacs on 12.09.2013 at 4 p.m. which was sent to State Bank of Patiala Safeedon Branch on 13.09.2013 at 11.48 a.m. through registered post but the said cheque was received from the said bank on 16.09.2013 after expiry of validity period of cheque. State Bank of Patiala, Safeedon vide letter dated 16.04.2015 reequested the Post Master, Post Office Safeedon to issue a certificate regarding delivery of above said registered letter and post office made report to the effect that as per office record the registered letter was delivered to the addressee on 16.09.2013 . State Bank of Patiala Ambala City vide letter dated 21.10.2013 also requested to inform the fate of registered letter to Post Office Ambala City but this time it came to knowledge that the letter has been delivered on 16.09.2013. The cheque No.571085 dated 15.06.2013 was dishonoured by Haryana Gramin Bank Safeedon Branch vide memo dated 28.06.2013 as there were no funds in the account of Shri Dinesh Sharma for the encashment of the above said cheque. Moreover, the said cheque was presented about two days before of its expiry at 4 P.M.  Other contentions made in the complaint have been controverted and prayer for dismissal of the complaint has been made. In evidence, the OPs have tendered affidavits Annexure RX, Annexure RY and documents Annexure R1 to Annexure R13.

3.                We have heard learned counsel for the parties and have perused the case file carefully.

4.                It is not disputed that the complainant had presented the cheque (Annexure C2) on 12.09.2013 in the bank-OP No.1 where he was having account and said cheque was sent by the Op No.1 to OP No.2 vide Annexure R1 for encashment on 13.09.2013 by post vide Annexure R3 i.e. postal receipt. The cheque in question was received by Op No.2  but the same was dishonoured vide Annexure C3. The OPs have come with the plea the cheque could not be encashed as it was received on 16.09.2013 despite the fact that cheque was valid upto 15.09.2013.

5.                          The complainant has come with the plea that the cheque was sent by him to the OPs for encashment in time but due to their negligence the validity of the cheque got expired and he suffered a financial loss of the cheque amount as the person who had issued cheque in question has refused to re-issue the cheque.

6.                          After going through the material available on the case file it is crystal clear that the complainant had presented the cheque dated 15.06.2013 having validity upto 3 months but he had presented the same for encashment only on 12.09.2013 at 4 p.m. It is also clear from the report that the cheque has been sent to the Op No.2 by OP No.1 through post which was received by Op No.2 on 16.09.2013. It is also clear that cheque was timely sent by the Op No.1 to Op No.2 on the very next day i.e. 13.09.2013 at 11.48 a.m. It is pertinent to submit here that 15.09.2013 was holiday being Sunday and the only working was 14.09.2013 and the cheque was to travel from Ambala City to Safidon around 149 KM and it was a long distance and the cheuqe in question had reached to its destination on 16.09.2013. Moreover, as per citizen charter for Department of Post which is available on internet it is clearly mentioned that the delivery within State would take 3-4 days, therefore, it cannot be said there is delay on the part of OPs as well as the postal department because the Annexure R12 reveals that the cheque in question was delivered on 16.09.2013 to the addressee i.e. OP No.2.

                             Keeping in view the above mentioned facts and circumstances this Forum is of the opinion that the complainant has failed to prove his case that the Ops are deficient in providing service by leading cogent and reliable evidence, therefore, the present complaint deserves dismissal. Accordingly, we dismiss the present complaint leaving the parties to bear their own costs.  A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.

Announced on:13.10.2017     

                                                                                                                  

 

(Pushpender Kumar)    (Anamika Gupta)                      (D.N.Arora)

Member                         Member                             President

                                                                   District Consumer Disputes                                                                       Redressal Forum, Ambala.