Orissa

Debagarh

CC/28/2018

Shashanka Shekhar Jhankar, aged 38 years, S/O-Prafulla Kumar Jhankar - Complainant(s)

Versus

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

25 Nov 2019

ORDER

IN THE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, DEOGARH

C.C NO- 28/2018

Present;-      Sri Dipak Kumar Mahapatra, President, Smt. Jayanti Pradhan, Member(W) and Smt. Arati Das, Member.

 

Shashanka Shekhar Jhankar, age 38 years,

S/O-Sri Prafulla Kumar Jhankar,

R/O-Ward No-3,Mathasahi,

P.O/P.S/Dist-Deogarh.                                                                            …      Complainant.

-Versus-

1. The Chief Manager,

         State Bank of India, Deogarh Branch,

         College Road, Deogarh,

         PO/PS/DIST-Deogarh.

      2.   The Branch Manager,

          BUSSAN AUTO FINANCE PVT LTD,

          19,Bhoumya Nagar,Unit-4,

           Bhubaneswar-751001.

3. The Branch Manager,

          BUSSAN  AUTO FINANCE PVT LTD,

          4^th Floor Videocon Tower,E-1,

          Jhandewalan Extn,New Delhi-110055 .                                       …O.P

 

               Counsel for the parties :

               For the Complainant :        Nemo.

               For the Op.Party-1 :            Sri S.K.Ratha, Advocate.

               For the O.P-2 & 3:               None.

 

DATE OF HEARING :14.11.2019, DATE OF ORDER ; 25.11.2019

SRI DIPAK KUMAR MAHAPATRA, PRESIDENT:- Brief facts of the case is that the Complainant has purchased a new Yamaha Fascino Scooter by the way of finance from the O.P-3. At that time he has submitted 5-6 nos. of post dated cheques to the O.P-3. The monthly installment was fixed at Rs.1,925/- and the Complainant was making regular payment as it is automatically debited from his SB Account since dtd.11.07.2016  without any interruption. But on dtd. 11.07.2018, the cheque presented by the O.P-3 for collection of installment amount in the Bank of the O.P-1 which was returned dishonoured for the reason of Insufficient Fund. According to the Complainant and the bank statements filed by the Complainant it is observed that on dtd.11.07.2018 there was a balance of Rs. 2,855/-in his SB account to clear the cheque, but the same is dishonoured by O.P-1 on same day i.e dtd.11.07.2018 and amount of Rs.13.87 and Rs. 281.53 has been deducted from the account of the Complainant. The Complainant claims that in spite of having sufficient balance in the account the O.P-1 has dishonoured the cheque for which he has suffered financial loss and mental agony. The agent of O.P-3 came to Deogarh on dtd.24.07.2018 and collected Rs.2,451/- towards  the installment amount in cash and sent a message through his mobile phone. But the O.P-2 & 3 never submitted the endorsement issued by the O.P-1 stating Fund Insufficient. The Complainant claims that, by profession he is a Journalist having good name & fame in the society and the unfair activities done by the O.Ps.

 

POINTS OF DETERMINATION:-

1. Whether the Complainant comes under the purview of Consumer Protection Act.1986?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

From the above discussion and materials available on records we inferred that the Complainant is a Consumer as he has purchased Yamaha Fascino Scooty through finance from the O.P-2. The bank statements submitted by the Complainant shows that on that particular date i.e on dtd 11.07.2018 there was balance of Rs. 2,855/- in his saving bank account lying with the O.P-1. But the opposite party-1 dishonoured the cheque with the remarks 'insufficient funds' not with-standing the fact that there was sufficient credit balance to meet the cheque amount. The result was that the goodwill of the complainant is lost and his track record is adversely affected.  “Dishonour of a cheque of a customer on the ground of insufficiency of funds when the customer had sufficient credit, balance will obviously amount to 'faulty' and 'imperfect' manner of performance of service. And, this-default is certainly covered in the definition of 'deficiency' in service under Section 2(1)(g) as per The Consumer Protection Act”. This matter has been well settled in the case of “Ram Kanwar Vs. Punjab National Bank” decided by Delhi State Consumer Disputes Redressal Commission (SCDRC New Delhi)”. According to Reserve Bank of India, when a cheque is dishonoured, the drawee bank immediately issues a ‘Cheque Return Memo’ to the banker of the payee mentioning the reason for non-payment. The payee’s banker then gives the dishonoured cheque and the memo to the payee. The holder or payee can resubmit the cheque within three months of the date on it, if he believes it will be honoured the second time. But the O.P-2 has not shown or handed over any “Dishonoured Cheque” or “Cheque Return Memo” to the Complainant for the knowledge and information that the cheque has been bounced. But the agents of O.P-2 collected installment in cash from the Complainant with fine without giving him any opportunity to know the actual fact. So the O.Ps have committed “Deficiency in Service” u/s-2(1)(g) and “Unfair Trade Practice” u/s-2(1)(r)” as per the Consumer Protection Act-1986. Hence we order as under:-

 

ORDER.

The Complaint petition is allowed. The O.P-1 is directed to return the charges (Rs.13.87paisa and Rs. 281.53 paisa) collected towards wrongful dishonour of cheque. The O.P-2 is directed to return the late payment charges of Rs. 500/- (Rupees Five Hundred) only in excess of EMI collected from the Complainant. Further the O.P-1, 2& 3 are jointly and severally directed to pay Rs.10,000/- (Rupees Ten Thousand)only  as compensation, Rs.3,000/- (Rupees three thousand ) for mental agony of the petitioner and Rs.2,000/- (Rupees two thousand ) as litigation expenses to the petitioner  within 30 (Thirty ) days of receipt of this order failing which the O.Ps are liable to pay penal interest of 9% per annum on the above amounts.

Office is directed to supply the free copies of the order to the parties receiving acknowledgement of the delivery of thereof.

Order pronounced in the open court today i.e. 25^thday of November, 2019 under my hand and seal of this forum.

 

I      agree,                               I     agree,

           

          MEMBER(W).                          MEMBER.                                        PRESIDENT.

 

Dictated and Corrected

  by me.

 

 

PRESIDENT.