Karnataka

Kolar

CC/55/2019

Sri.Krishnappa - Complainant(s)

Versus

The Manager, DCC Bank Ltd, - Opp.Party(s)

19 Feb 2020

ORDER

Date of Filing: 14.08.2019

Date of Order: 19.02.2020

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 19^TH DAY OF FEBRUARY 2020

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 55 OF 2019

Sri Krishnappa,

S/o. Muniswamappa,

Aged About 55 Years,

R/at: Thammenahalli Village,

S.G. Kote Post, Kasaba Hobli,

Bangarpet Taluk, Kolar District.                           ….  COMPLAINANT.

(Rep. by Sri. N. Narayanappa, Advocate)

 

- V/s –

The Manager,

Kolar and Chikkaballapur

DCC Bank Limited,

Bangarapet Branch, Bangarpet.

(Rep. by Sri.M.V. Subba Reddy, Advocate)                     …. OPPOSITE PARTY.

ORDER

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant has filed this Consumer Complaint against opposite party and prays to direct the OP to pay cheque amount of Rs.4,00,000/- and compensation of Rs.4,00,000/- with interest at the rate of 12% per annum and to allow the complaint.

02.   The brief facts of the complainant case is that, the OP being the financial bank having its branch office at Bangarpet and the complainant is having his SB account with the OP vide its No.125000327895.  On 12.02.2019 he has presented two cheques bearing No.122826 for Rs.2,50,000/- pertaining to Canara Bank, Bangarapet Branch and another cheque bearing No.007611 for Rs.1,50,000/- pertaining to ICICI Bank, Bangarpet Branch, for encashment and till today the same is not encashed.  The complainant has visited the OP in not less than 10-15 times and enquired about the said cheques, but the OP telling that, the said cheques were not returned.  The complainant having doubt regarding something happened.  On 24.04.2019 he has issued legal notice through RPAD against the OP through his counsel calling upon to return the said cheques with proper endorsement or encash the same.  The said legal notice was served, but OP neither replied nor complied the notice and thereafter the complainant has approached this Forum and prays to allow the complaint.

03.   The OP appeared through his counsel and filed version and contended that, the complaint filed by the complainant is not maintainable either in law or on facts and same is liable to be dismissed in limine.  The OP has admitted about the SB account of the complainant and so also presentation of the above said two cheques and so also admitted about the notice issued by the complainant and other allegations made at Para-3 to 5 are all specifically denied as false and put the complainant to prove the same and the OP is not liable for any compensation as claimed by the complainant.  This OP has specifically contended that, as far as the cheque of ICICI Bank is concerned, the OP Bank presented the said cheque for clearance through SBI, Kolar Main Road, Bangarpet Branch, and the SBI after getting the report from the ICICI Bank, they have issued Return Memo dated: 22.04.2019 with reason No.84 for cheque bearing No.007611 of Rs.1,50,000/- and the same was entered in the cheque return ledger on 23.04.2019 and immediately on 23.04.2019 the Manager of the OP Bank has called the complainant on his mobile Number, but the complainant has not received the call.  This OP has received Notice on 24.04.2019 from the complainant advocate and immediately on 25.04.2019 at 04.00 PM the OP called the complainant’s counsel No. 9448444093 mentioned in the notice from the OP phone No.9902771334 and conveyed for about 2 minutes and the OP has intimated the complainant’s advocate regarding receival of one cheque with return memo and another cheque is yet to be received and intimated the counsel to approach the bank and collect the said cheque and return memo from the Bank by acknowledging the same in the cheque return ledger and in spite of intimation the complainant has not turned up for collection of the cheque and return memo.  And so far as the cheque of Canara Bank is concerned, the OP Bank has presented the said cheque for clearance through SBI, Kolar Main Road, Bangarpet Branch and immediately SBI after getting the report from the Canara Bank, they have issued return memo dated: 29.04.2019 with reason No.1 for the cheque bearing No.122826 for Rs.2,50,000/- and the same was entered in the cheque return ledger on 29.04.2019 and on 02.05.2019 the Manager of the OP-Bank at 12.10 PM called the complainant’s counsel No.9448444093 mentioned in the notice from the OP’s phone No.9902771334 and made conversation for about 01 minute and OP had intimated the complainant’s counsel regarding receival of the said cheque with return memo and on 03.05.2019 the Manager of the OP Bank at 11.15 AM called the complainant’s counsel No. 9448444093 mentioned in the notice from the OP phone No.9902771334 and had conversation for about 01 minute and the OP has again reminded about the receival of two cheques with return memo and also intimated the counsel to approach the bank and collect the said cheques and return memo from the Bank by acknowledging the same in the cheque return ledger and in spite of the repeated intimation to the advocate for the complainant the complainant has not turned up for collection of the said two cheques and return memo.  The OP further contended that, it is the duty of the complainant to collect the cheques and return memo from the Bank and acknowledge the same in the cheque return ledger and the OP Bank does not dispatch the original cheques and return memos to the parties due to apprehension of loss in the transit.  The OP has produced Xerox copies of the two cheques and two return memo and copy of cheque return ledger and the complainant has filed this consumer complaint to harass the OP and the complainant is not entitled for any relief and prays to dismiss the complaint.

04.   The complainant has submitted 04 documents marked at Annexure-1 to Annexure-5 with list of documents dated: 14.08.2019 that is:-

 (i) Original Bank counter foil 02 in Nos – Annexure Nos.- 1 & 2.

(ii) Office copy of the Legal notice dated: 16.07.2019 – Annexure-3

(iii) Postal receipt – Annexure-4

(iv) Acknowledgment – Annexure-5

 

05.   The OP has submitted Xerox copies of 03 documents along with list with documents dated: 04.10.2019 that is:-

(i) Xerox copy of cheque bearing No.007611 and return memo dated: 22.04.2019.

(ii) Xerox copy of cheque bearing No.122826 and return memo dated: 29.04.2019.

(iii) Copy of cheque return ledger of the OP bank.

 

06.   On 19.11.2019 counsel for complainant has submitted affidavit of complainant by way of examination-in-chief.  On 15.12.2019 counsel for OP has submitted affidavit of one Chandrashekar, Manager of OP Bank by way of examination-in-chief. 

07.   Both parties have filed their respective written arguments.  We have heard the arguments of both sides. 

08.   Now the points that do arise for consideration are that:-

(1)    Whether the complainant proves the deficiency of service on the part of the OP?

 

(2) Whether the complainant is entitled for the reliefs as prayed by him?

 

(3) What order?

 

09.   Our findings on the above stated points are:-

POINT (1) & (2):-      Are in the Negative

POINT (3):-      As per the final order

for the following:-

REASONS

10.   POINTS (1) & (2):-

These points are taken up together for discussion to avoid repetition of facts and reasonings.  The gist of the complainant’s case is that, he is having SB account with OP vide account No.125000327895.  On 12.02.2019 the complainant presented two cheques for encashment, one pertaining to Canara Bank, Bangarpet Branch, bearing No.122826 for Rs.2,50,000/- and another cheque of ICICI Bank, Bangarpet Branch, bearing No.007611 for Rs.1,50,000/- and the said cheques were not returned nor honored and the complainant visited the OP in not less than ten to fifteen times and enquired about the said two cheques and they are telling that, they are not returned.  On 24.04.2019 the complainant issued legal notice to the OP through RPAD about the said two cheques and in spite of service of legal notice the OP has not replied the said notice and all the efforts made by the complainant are all goes in vain and thereafter the complainant has filed this Consumer Complaint against the OP for deficiency of service.  The complainant has produced the Bank counterfoil as Annexure Nos.1 & 2, legal notice as Annexure No.3, Postal receipt and acknowledgment as Annexure Nos.4 & 5 to support his case.  The OP has admitted the case of the complainant that, he is having SB account with OP and presentation of the said two cheques for encashment and the legal notice issued by the complainant and rest of the other allegations are denied as false.

 

11.   The OP has specifically contended that, the OP-Bank has presented the alleged two cheques for clearing through SBI, Kolar Main Road, Bangarpet Branch, and OP-Bank after getting the report from ICICI Bank with return memo dated: 22.04.2019 with reason No.84 for cheque No.007611 of Rs.1,50,000/- and the same was entered in the cheque return ledger on 23.04.2019 and immediately on the same day the Manager of OP Bank has called the complainant from his mobile number and the complainant has not received the call and on 24.04.2019 the OP received legal notice from the complainant advocate.  On 25.04.2019 at 04.00 PM the OP called the complainant’s counsel No.9448444093 mentioned in the said notice from OP phone No.9902771334 and had conversation for about two minutes and has intimated the complainant advocate regarding receival of one cheque with return memo and another is yet to be received from clearing and told to intimate to the complainant i.e., his client to approach the Bank and collect the said cheque and return memo from the Bank by acknowledging the same in the cheque return ledger as the complainant has not received the call and in spite of intimation to the counsel for the complainant the complainant has not turned-up for collection of the cheque and return memo.  And as far as the another cheque the OP Bank after getting the report from Canara Bank dated: 29.04.2019 with reason No.1 for the cheque bearing No.122826 for Rs.2,50,000/- the same was entered in the cheque return ledger on 29.04.2019 and on 02.05.2019 the Manager of OP Bank at 12.10 PM called the complainant counsel No.9448444093 and had conversation for about one minute and intimated about the receival of the another cheque with return Memo.  On 03.05.2019 the Manager of the OP-Bank called the complainant advocate at 11.15 AM and had conversation for about one minute and reminded about the receival of two cheques with return memo and told to intimate the same to his client to collect the above said chequs and return memos from the OP-Bank by acknowledging the same in the Cheque Return Ledger and in spite of repeated intimation to the advocate of the complainant, the complainant has not turned-up for collection of the said two cheques and return memos.  The OP has produced Xerox copies of the above alleged two cheques and return memos and so also copy of the cheque return ledger extract to support its case.

 

12.   On perusal of the above said material facts as contended by the OP and the documents produced by the OP, it clearly goes to show that, the cheque of ICICI Bank was returned on 22.04.2019 though the said cheque was presented on 12.02.2019 and the same was entered in the cheque return ledger on 23.04.2019 and immediately the Manager of the OP Bank has called the complainant to his mobile but the complainant has not received the call and in the meanwhile the OP has received legal notice from the complainant advocate on 24.04.2019 and on 25.04.2019 at 04.00 PM the OP has called the complainant advocate number mentioned in the notice from OP phone and intimated to the complainant advocate regarding receival of one cheque with return memo and another cheque yet to be received from clearing and asked to intimate his client to approach the Bank to collect the said cheque and the return memo and acknowledge the same in the cheque return ledger.  Again on 29.04.2019 the Bank has received another cheque of Canara Bank and the same was entered in the cheque return ledger on the same day and on 02.05.2019 the OP bank Manager at 12.10 PM called the complainant’s counsel and intimated about the receival of the said cheque with return memo and again on 03.05.2019 the Manager of the OP Bank at 11.15 AM called the complainant counsel number through his mobile number and again reminded about the receival of above two cheques with return memos and also asked to intimate his client to approach the Bank and collect the said two cheques and return memo from the Bank by acknowledging the same in the cheque return ledger and in spite of repeated intimation to the counsel for the complainant the complainant has not turned-up and collected the said two cheques and return memos.  The above said facts are not at all disputed by the complainant and are all acceptable in view of documentary evidence produced by the OP.   

 

13.   The above said facts clearly goes to show that, as the complainant has not received the calls of the Manager of the OP Bank, he contacted the complainant’s counsel and stated about the receival of alleged two cheques with return memos and asked the counsel for the complainant to intimate the same to his client to approach the Bank and collect the two cheques with return memos by acknowledging the same in the cheque return ledger and in spite of that, the complainant has not contacted the OP-Bank.  Such being so the question of deficiency of service on the part of the OPs does not arise as the complainant has not at all bothered to contact the OP-Bank to collect the said alleged two cheques and return memos and it revealed about the negligence of the complainant himself in not approaching the Bank to collect the above said two cheques and return memo and there is no fault on the part of the OP-Bank and in spite of that the complainant has filed this false and frivolous complaint against the OP unnecessarily and dragged the OP to the Forum.  Hence the complainant is liable to pay for the same to the OP Bank. 

 

14.   Hence under these circumstances as discussed above, we answer Points (1) & (2) are in the Negative.

 

POINT No.3:-

15.   In view of our findings on Point Nos.1 & 2 and the discussion made thereon, we proceed to pass the following:-

ORDER

01.   The complaint filed by the complainant is Dismissed on cost of Rs.3,000/-.

02.   The complainant is directed to pay litigation expenses of Rs.3,000/- to the OP within 30 days from the date of receipt of this order. 

03.   Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 19^th DAY OF FEBRUARY 2020)

 

 

 

 

   LADY MEMBER                         PRESIDENT