BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.362 of 2015
Date of Instt. 25.08.2015
Date of Decision : 01/07/2016
Sarabjit S/o Sh.Sardara Ram R/o Village Sanora, Tehsil & Distt. Jalandhar.
..........Complainant....... Versus
1. The Chief Managing Director/C.E.O. for Axis Bank Ltd., Trishul, Opp. Samartheshwar Temple, Near Law Garden, Ellisbridge, Ahmedabad.
2. The Manager, Axis Bank, Ltd. G.T. Road, Bhogpur, Distt. Jalandhar.
.........Opposite Parties......
Complaint Under Section 12 of the Consumer Protection Act.
Before: S.Bhupinder Singh (President)
Mrs. Jyotsna Thatai (Member)
Sh.Parminder Sharma (Member)
Present: Sh.H.K.Chopra Adv., counsel for complainant.
Sh.Gurpreet Singh Adv., counsel for opposite Parties No.1 & 2
Order
Bhupinder Singh (President)\
1. The complainant has filed the present complaint with the submissions that complainant had account No.911010036107364 with Opposite Party No.2 bank. Complainant deposited Cheque No.325265 drawn on ICICI Bank with opposite party No.2 on 01.03.2013, but opposite party No.2 did not make the payment of the said cheque. On 14.05.2014 opposite party No.2 gave in writing that aforesaid cheque has been lost in transit by the bank. After that complainant made so many requests to opposite party No.2 for payment of aforesaid cheque and finally served a legal notice dated 12.05.2015 upon opposite parties, but inspite of that the opposite parties did not pay the cheque amount of Rs.15,000/- to the complainant. The aforesaid cheque was issued to the complainant by State Govt. Welfare Department in Shagun Scheme owing to poor man. On the aforesaid averments, complainant prayed for recovery of amount of cheque Rs.15,000/- + interest from 01.10.2013 till the date of realisation + compensation and litigation expenses from the opposite parties.
2. Notice of complaint was given to the opposite parties through their counsels and filed their written version in which opposite parties submitted that the complainant has aforesaid Saving Bank Account No.911010036107364 with the opposite party No.2, but the said account was closed on 20.12.2013 due to non-maintenance of proper balance. Had the complainant deposited this cheque on the counter of the opposite party No.2 bank, he would have been advised by the Bank Staff to present the same in some of his other bank account. The Cheque in question was issued to the complainant by District Welfare Officer under the Punjab State Shagun Scheme. The Cheque in question was lost in transit by opposite party No.2 bank and this fact was communicated by opposite party No.2 Bank to the complainant and as a gesture of good-will, the opposite party No.2 has sent written request to District Welfare Officer, Jalandhar about the loss of cheque with further request to issue a fresh cheque in favour of the complainant. Thereafter the complainant never visited the opposite party No.2 and opposite party No.2 remained under impression that the complainant must have been issued a fresh cheque by the District Welfare Officer, Jalandhar. The complainant had not pursued the matter with the District Welfare Officer for getting issued a fresh cheque. Moreover; after closing of the account, the complainant never remained the consumer of opposite party No.2 bank. The Opposite Parties submitted that under these circumstances, there is no deficiency in service on the part of opposite parties qua the complainant.
3 In support of his complaint, Complainant has tendered into evidence Affidavit Ex.CW1/A along with documents Ex.C-1 to Ex.C-6 and closed his evidence.
4. On the other hand, learned counsel for opposite parties has tendered into evidence Affidavit Ex.OPA along with documents Ex.OP-1 to Ex.OP-11 and closed evidence.
5. We have heard the Ld. Counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. Counsels for the parties.
6. From the record i.e. pleadings of the parties and evidence produced on record by both the parties, it is clear that
the complainant has Saving Bank bearing Account
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No.911010036107364 with the opposite party No.2 bank. The complainant received a Cheque bearing No.325265 drawn on ICICI Bank for Rs.15,000/- issued by State Government in Shagun Scheme. The complainant deposited that cheque with opposite party No.2 bank on 01.10.2013 vide Voucher Ex.C-2, but opposite party No.2 bank lost this cheque in transit as per letter issued by opposite party No.2 bank to the complainant Ex.C-3 dated 14.05.2014 so they did not pay amount of cheque to the complainant. The complainant issued legal notice dated 12.05.2015 Ex.C-4 to the opposite parties through Registered Cover of Postal Receipts which are Ex.C-5 & Ex.C-6, but opposite party did not pay the amount of the cheque to the complainant. Ld. Counsel for complainant submitted that all this amounts to deficiency in service on the part of opposite parties qua the complainant.
Whereas the case of the opposite parties is that the cheque in question was lost in transit and this fact was communicated to the complainant vide letter Ex.C-3. This Cheque was issued to the complainant by the State Government Welfare Department in Shagun Scheme, so the opposite party No.2 bank wrote a letter to the District Welfare Department, Jalandhar Ex.OP-5 dispatched with No.915 dated 3.12.2013 which was duly received by District Welfare Office, Jalandhar and they further wrote letter No.904 dated 9.12.2013 Ex,OP-6 to the Director, Schedule Caste and Backward Classes Welfare Department, Punjab, Chandigarh requested them that the cheque No.325265 dated 10.09.2013 for Rs.15,000/- issued to the complainant has been lost in the bank during transit, so another in place of lost cheque be issued in the name of the complainant. The District Welfare Officer, Jalandhar also issued another letter with dispatch no.261 dated 18.06.2014 to the Director, Schedule Caste and Backward Classes Welfare Department, Punjab, Chandigarh vide Ex.OP-8. Again requesting the Director, Welfare Department, Punjab, Chandigarh to issue another cheque in lieu of lost cheque in the name of the complainant. Learned Counsel for opposite party submitted that the amount of the cheque has not been withdrawn by any person and opposite parties have requested the Concerned Department i.e. Welfare Department, Punjab, Chandigarh for issuance of another cheque in lieu of the lost cheque to the complainant. So all out efforts have been made by opposite party No.3 to get new cheque in lieu of lost cheque by Concerned Department to the complainant, so there is no deficiency in service on the part of opposite parties qua the complainant, rather the complainant did not make any efforts to pursue his case regarding issuance of substitute cheque in lieu of the lost cheque from the Concerned Department.
7 From the entire above discussion, we have come to the conclusion that the complainant was issued a cheque No.325265 for Rs.15,000/- drawn on ICICI Bank by State Government Punjab Welfare Department in Shagun Scheme. The Complainant had Saving Bank Account No.911010036107364 with the opposite party No.2 Bank, Bhogpur, District Jalandhar and he deposited the said cheque with Opposite Party No.2 on 01.10.2013 for crediting the amount of cheque in his aforesaid account. However the said cheque has been lost in transit, when it was in the custody of opposite party No.2 bank. In this regard the complainant was duly informed by the opposite party No.2 bank vide letter dated 14.05.2014 Ex.C-3/Ex.OP-7. The Opposite Party also wrote the letter vide Dispatch No.915 dated 03.12.2013 to the District Welfare Office, Jalandhar stating that the aforesaid cheque has been lost in transit by the bank and they requested the Distt. Welfare Office, Jalandhar to issue another cheque in lieu of lost cheque in the name of the complainant Consequently, the District Welfare Office, Jalandhar wrote letter No.904 dated 09.12.2013 to the Director, Scheduled Castes and Backward Classes, Welfare Department, Punjab, Chandigarh requesting them that as the original cheque has been lost and the beneficiary has not got the amount of the said cheque, so new cheque in lieu of lost cheque be issued in the name of the complainant, not only this the District Welfare Office, Jalandhar also issued letter No.261 dated 18.06.2014 Ex.OP-8, again requesting Director, Scheduled Castes and Backward Classes, Welfare Department, Punjab, Chandigarh to issue new cheque in lieu of the lost cheque, in the name of the complainant. All theses letters were issued by District Welfare Officer to the Director, Welfare Department, Punjab, Chandigarh through registered post, so it is also clear that amount of lost cheque has not been yet withdrawn from the Govt. Account. As such, the Scheduled Castes and Backward Classes Welfare Department, Punjab, Chandigarh is liable to issue new cheque in lieu of the lost cheque in the name of the complainant. The opposite parties have made all out efforts to get issued new cheque from the Concerned Department in lieu of the lost cheque in the name of the complainant, but complainant has not made any effort to pursue his case with the Welfare Department, Punjab at Jalandhar as well as at the level of Head Office at Chandigarh. The complainant should pursue his case for issuance of the new cheque with the concerned Department i.e. District Welfare Officer, Jalandhar and Scheduled Castes and Backward Classes, Welfare Department, Punjab Chandigarh. The complainant has not made District Welfare Officer, Jalandhar as party to the present complaint intentionally. The complainant is to get this amount of the cheque from Welfare Department and not from the opposite party No.2 bank. However the cheque has been lost when it was in the custody of opposite party No.2 . They have not taken proper care as required from a prudent banker to keep such a negotiable instrument in proper custody and safety, so there is certainly some deficiency in service on the party of opposite parties bank qua the complainant. Therefore, the complainant is entitled to get compensation for harassment. The Opposite parties are, therefore, directed to pay compensation to the tune of Rs.5000/- to the complainant. Opposite Parties are also directed to pay cost of litigation to the tune of Rs.2000/- to the complainant. Copy of this order be supplied to the parties free of costs under the rules. File be consigned to the record room.
Date Parminder Sharma Jyotsna Thatai Bhupinder Singh
01.07.2016 Member Member President
