Tamil Nadu

North Chennai

196/2011

Dr.K.V.S.prasad, - Complainant(s)

Versus

The Manager, Indian Overseas Bank, Pursawalkam Branch, - Opp.Party(s)

P.balasubramanyam

10 Jun 2016

ORDER

                                                             Complaint presented on  : 10.11.2011

                                                                Order pronounced on  :  28.06.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,         :      PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,            :     MEMBER II

 

TUESDAY THE 28^th  DAY OF JUNE 2016

 

C.C.NO.196/2011

 

Dr.K.V.S.Prasad,

42/31, 7^th Cross Street,

Shenoy Nagar,

Chennai – 600 030.

                                                                                            Complainant

 

..Vs..

 

The Manager,

Indian Overseas Bank,

Purasawalkam Branch,

15, Hupters Road,

Chennai – 600 112.

	OppositeParty

Date of complaint                                  16.11.2011

Counsel for Complainant                      :M/s. P.Balasubramanyam,

Counsel for  Opposite party                    :M/s. P.D.Audikesavalu,

 

 

 

 

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1. THE COMPLAINT IN BRIEF:

          The Complainant is having  Saving Bank Account with the Opposite Party and the Account No. 007501000049397 on 24.01.2011. The Complainant deposited a local  IOB cheque for a sum of Rs.50,000/- in his account. The Opposite Party issued a counter file stamped as “Transfer”. The entry made in the pass book also revealed that the cheque deposited for a sum of Rs.50,000/- was credited  in his account on the same day. However it was  later deposited the Complainant account for the reason known to the Opposite Party. The Complainant issued a cheque for Rs.40,500/- on 24.01.2011 to M/s Sun Electronics. When the said cheque came for collection on 25.01.2011 next day it was dishonoured by the Opposite Party in spite of sufficient founds was available a sum of Rs.85/- was also collected as cheque return charges. Therefore, the Opposite Party committed Deficiency in Service by returning the cheque due to his negligent and careless action. The Complainant issued wrote a letter dated 29.01.2011 demanding damages. On 23.02.201 the Deputy Manager of the Opposite Party sent a reply said that the Branch Officials have been cautioned to avoid such lapses. Thereafter the Complainant sent a legal notice dated 03.03.2011 claiming compensation. The Opposite Party replied continuing his liability. Hence, the Complainant filed this co claiming damages for loss of professional repudiation and for compensation for mental agony with cost.

2. WRITTEN VERSION OF THE OPPOSITE PARTY IN BRIEF:    

          The Complainant deposited a cheque for Rs.50,000/- at IOB Anna Nagar East Branch for credited of his  Saving Account maintained by the Opposite Party immediately it was posted in the account ledger by the counter clerk, resulting in increase in credit from Rs. 1,52,137.97/- to Rs.2,02,137.97/-. Meanwhile two cheques had been issued by the Complainant for a sum of Rs.1,000 and Rs.1,50,000/- were deposited in his account on 24.01.2011 leaving credit balance stood at Rs.51,137.97/-  pending approval of the credit  posting. The cheque for Rs.50,000/- that had been deposited by the Complainant to be a cheque leaf of another branch of Opposite Party and hence the concerned  supervisory official could not pass the said transaction and the entry had to be cancelled since the operating system  of the computer displayed a message of exception that the said cheque cannot be passed by other branches. As a consequence, the available clear bal;ance in the Complainant’s account stood at Rs.1,137,97 . Thereafter  to realize the cheque amount and credit the proceeds of the cheque for Rs.50,000/- immediately sent the cheque to IOB  Anna Nagar each Branch on 24.01.2011 itself and the proceeded of the cheques was credit in the  Complainant account on 21.01.2011. In the meantime the cheque issue by the Complainant for Rs.40,500/- had come for collection to the Opposite Party on 25.01.2011 and the same was returned want of found. This Opposite Party has prudently without any prejudice   and there is no negligence or deficiencies committed by the Opposite Party in returning the cheque. Further, the concerned executives of the controlling office of the branch personally attended to the issue and with goo intent, to keep the goodwill of the bank intact, wrote to the Complainant on 23.02.2011 expressing their sincere apologies and assurance of non-recurrence of such alleged incidents. Even  after such letter the Complainant issued legal notice  and the same was duly replied by this Opposite Party. It is pertinent  to note that clearly 10 cheques during the year 2009 and 2010 without ensuring sufficient balance. Therefore this Opposite Party have not committed Deficiency in Service and prays to dismiss the Complaint.

3. POINTS FOR CONSIDERATION:

          1.Whether there is deficiency in service on the part of the opposite party?

          2.Whether the complainant is entitled to any relief? If so to what relief?

4. POINT NO : 1

          It is an admitted the fact the Complainant is having Saving Bank Account No.007501000049397 with the Opposite Party and the Complainant  deposited a local IOB cheque for Rs.50,000/-  with the Opposite Party and the said amount was immediately credited on 24.01.2011 itself raising the balance  his account for a sum of Rs.2,02,137.97 and action on the very same day the said amount was withdrawn by way of cancellation and the cheque issued by the Complainant  for a sum of Rs.40,500/- dated 24.01.2011 in favour of M/s.Son Electronics  and the said cheque came for collection with the Opposite Party 25.01.2011 and it was dis honoured for  want of sufficient fund.  

          5. Accordingly to the Complainant sufficient fund available in his account, as he deposited a cheque for Rs.50,000/- on 24.01.2011 and the same was credited in his account on the very same day. However the Opposite Party would attended in his written version that the deposited of cheque relates   some other branch and the clerk  attended the cheque has no authority to credit the amount and hence the credit amount of Rs.50,000/- was cancelled and in a routine manner the cheque was sent to IOB Anna Nagar East Branch on 24.01.2011 itself and after realization it was credited on 25.01.2011 and however in the meantime the cheque issued by the Complainant in favour of M/s.Son  Electronics was returned since a balance sum of Rs.1137.97 was available as per the Saving Bank Account and therefore the Opposite Party has not committed any Deficiency in Service.

          6. Admittedly on 24.01.2011 when was presented a sum of Rs.50,000/- was credited in the Saving Account of the Complainant. The core  banking system was introduce in the   with an intention operate the accounts of one branch in an another branch of the same bank. The cheque deposited relates to IOB Branch credited into account of the IOB of the Complainant. Therefore rightly the amount was credited the account of the Complainant in Ex.A2 the persons who received the cheque and credited across the counter. The Opposite Party contention in his written version that the Supervisor Officials could not pass the said transactions and the entry was cancelled and thereafter the cheque was passed in a routine manner sent the cheque to the IOB Anna Nagar Branch. The procedure stated by the Opposite Party no relevant to spend produced. Whatever the case may be immediate to the deposit of cheque the amount was credited in the account of the Complainant and with knowledge of credit the Complainant issued a cheque to the M/s. Son Electronics. Thereafter the cheque was returned that sufficient fund was not available by the Opposite Party is a clear the case of deficiency in service committed by the Opposite Party.

          7. In Ex.A6 the officials of the Opposite Party also caused apologize for the inconvenience caused to the Complainant supports contention of the Complainant. Therefore we hold that the Opposite Party has committed Deficiency in Service by returning the cheque issued by the Complainant.

8. POINT NO : 2

          After return the cheque the M/s.Son Electronics wrote Ex.A4 letter to the Complainant that the cheque fund had adversily affected his business transaction and also it is most unbecoming on the part of the Complainant. In view of this Complainant suffered with mental agony is accepted. Therefore, it would be appropriate a sum of Rs.10,000/- towards compensation for mental agony is sustainable. The Complainant further claimed damages for a sum of Rs.10,00,000/- for  a loss of  previously repudiation. The Complainant issued the cheque in respect of purchase of two air conditioners to the M/s Son Electronics the Complainant previously repudiation is no way affected  and therefore is not entitled for any damages of this score. However, it would be to order a sum of Rs.5,000/- towards litigation expenses.

In the result the complaint is partly allowed. The Opposite Party is ordered to pay a sum of Rs.10,000/- (Rupees ten thousand  only) towards compensation for mental agony to the Complainant  and also to pay a sum of Rs.5,000/-(Rupees five thousand only) towards litigation expenses.   

     The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment. In respect of the other claim the Complaint is dismissed.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 28^th  day of June 2016.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 05.03.2009	Passbook of the Complainant

Ex.A2 dated         24.01.2011                   Cheque deposited in the Complainant Account  

Ex.A3 dated         25.01.2011                   Dishonored the cheque by the Opposite Party 

         

Ex.A4 dated 27.01.2011                   Complainant received letter from the sun

                                                Electronix

Ex.A5 dated   29.01.2011                 Complainant’s  letter to the Opposite Party

Ex.A6 dated 23.02.2011                   Opposite Party’s letter to the Complainant

Ex.A7 dated  03.03.2011                  Legal  notice sent to the Opposite Party

Ex.A8 dated 22.03.2011                   Reply notice sent by the Opposite Party

Ex.A9 dated         06.04.2011                   Complainant sent rejoinder to the Opposite Party

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY 

Ex.B1 dated NIL                     Certified extract of Statement of Accounts for the

                                                    period from 01.07.2009 to 16.04.2010 in the books

                                                of the Opposite Party relating to Account

                                                No.007501000049397 of the Complainant

 

Ex.B2 dated March 2012                  Affidavit and Petition in I.A.No.6270 of 2012 in

                                                   O.S.No.2382 of 2012 filed by G.V.S.Saiprasad on

                                                   the file of XI Asst. Judge, City Civil Court, Chennai.

 

Ex.B3 dated 22.03.2012                   Affidavit and Petition in I.A.No.5031 of 2012 in

                                                    O.S.No.1864 of 2012 filed by B.S.Rao on the file of  

                                                XI Asst.Judge, City Civil Court, Chennai

 

 

MEMBER – II                                                               PRESIDENT