BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah, B.Com B.L., President

And

Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member

And

         Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Thursday the 18^th day of August, 2011

C.C.No.30/2011

Between:

S.J.V.Rangaiah, S/o Late Rangaiah,

H.No.41/473-D, Upstairs, Opp. District Court, Kurnool - 518 001.                                             …Complainant

                                            -Vs-

The Manager, ING Vysya Bank,

H.No.40/384, Shop No.12 to 15, U - Con Plaza, Kurnool - 518 001.                                      …Opposite  ParTy

        This complaint is coming on this day for orders in the presence of Sri Y.Sreenivasulu, Advocate for complainant and Sri E.Sreenivasulu, Advocate for opposite party for upon perusing the material papers on record, the Forum made the following.

   ORDER

(As per Sri. T.Sundara Ramaiah, President)

                                           C.C. No. 30/2011

1.     This complaint is filed under section 12 of C. P. Act, 1986 praying:-    

1. To direct the opposite party to pay the cheque amount of Rs.15,000/- and Rs.5,000/- for mental agony and cost of the complaint Rs.5,000/- with future interest there on;

(b)    To grant such other reliefs as the Honourable Forum may deem fit and proper in the circumstances of the case.

2.     The case of the complainant in brief is as under:- The complainant is having S.B. Account No.311010049607 in opposite party Bank.  On 18-11-2009 G.Sreenivasulu issued a cheque drawn on “Krishna Bheema Samrudhi Local Area Bank Limited”, Gadwal for Rs.15,000/-.  The complainant presented the said cheque in opposite party Bank for collection.  The opposite party bank sent the cheque for collection to Krishna Bheema Samrudhi Local Area Bank Limited, Mahaboob Nagar.  The said bank returned the cheque stating that the cheque was “not drawn on us”.  The opposite party returned the said cheque to the complainant with a memo lately.  The complainant had no time to represent the said cheque in the opposite party bank again.  There is deficiency of service on the part of the opposite party.  The complainant got issued lawyers notice to the opposite party.  The opposite party received the said notice but did not give any reply. The complainant suffered physically and mentally.   Hence the complaint.

3.     Opposite party filed written version stating that the complaint is not maintainable.   The complainant presented the cheque bearing No.311010049607 dated 18-11-2009 for Rs.15,000/-.  The said cheque was sent to a wrong branch due to over sight.  The cheque was returned to the opposite party on 07-04-2010 with an endorsement “not drawn on us”.  After receipt of said cheque with return memo the opposite party on phone requested the complainant to collect the cheque and present the same again.  The complainant has not collected it.  Then the opposite party delivered the cheque to the complainant on 05-05-2010 with an acknowledgement.  The complainant did not take any steps to resubmit the                                     cheque for collection even though the cheque was valid up to                       17-05-2010.  There is no deficiency of service on the part of the opposite party.  The opposite party did not collect charges from the complainant.  The complaint is liable to be dismissed.

4.     On behalf of the complainant Ex.A1 to A5 are marked and sworn affidavit of the complainant is filed. On behalf of the opposite party Ex.B1 is marked and sworn affidavit of the Manager of the Bank is filed.

5.     Both sides filed written arguments.

6.     Now the points that arise for consideration are:-

1. Whether there is deficiency of service on the part of Opposite Party?

1. Whether the complainant is entitled for the reliefs as prayed for?

(c)                To what relief?

7.      POINTS 1 & 2:- Admittedly the complainant is having Account No.311010049607 in opposite party Bank.  The complainant presented the cheque Ex.A1 dated 18-11-2009 in opposite party bank for collection on 26-03-2010.  The said cheque was drawn on Krishna Bheema Samrudhi Local Area Bank Limited, Gadwal.  The opposite party bank having received the said cheque from the complainant sent it to Krishna Bheema Samrudhi Local Area Bank Limited, Mahaboob Nagar instead of Krishna Bheema Samrudhi Local Area Bank Limited, Gadwal.  The Krishna Bheema Samrudhi Local Area Bank Limited, Mahaboob Nagar returned the cheque to opposite party bank on                 30-03-2010 with a memo. The opposite party did not file any document to show that the cheque was returned to the complainant on 05-05-2010.  According to the complainant the cheque was returned to him by opposite party bank after it was lapsed.  The complainant also did not mentioned the actual date on which he received Ex.A1 cheque along with Ex.A3.

8.     Admittedly the opposite party bank sent the cheque presented by the complainant to a wrong branch.  The cheque presented by the complainant was not cashed in time due to the negligence on the part of the opposite party bank in sending it to a wrong branch.  The complainant claims total compensation of Rs.25,200/-.  It is not the case of the complainant that he did not get back the cheque amount from the person by whom the cheque was issued.  Merely because there was some mistake on the part of opposite party, the opposite party cannot be compelled to pay compensation of Rs.25,200/-.  No doubt there is negligence on the part of opposite party bank in sending the cheque presented by the complainant to a wrong branch.  It is the case of the opposite party bank that no amount was collected by it from the complainant for sending the cheque to the branch for collection.   Admittedly the complainant is having account in opposite party bank.   It is duty of the bank to send the cheque presented by the account holder to the bank on which the cheque was drawn.   Merely because the opposite party bank did not collect any amount for sending the cheque for collection, it cannot be send that opposite party bank is not liable to pay any compensation. An account of the negligence on the part of opposite party bank the complainant must have suffered mentally.  In the circumstances of the case we think it is just and proper to direct the opposite party bank to pay compensation of Rs.1,000/- to the complainant.

 9.    In result, the complaint is partly allowed directing the opposite party bank to pay compensation of Rs.1,000/- to the complainant within two months from the date of the order.

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 18^th day of August, 2011.

          Sd/-                                     Sd/-                               Sd/-

MALE MEMBER                      PRESIDENT                 LADY MEMBER

              APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant : Nil                  For the opposite party : Nill

List of exhibits marked for the complainant:-

Ex.A1                Cheque bearing No.312216 for Rs.15,000/-

dated 18-11-2009.

Ex.A2.       Cheque presented slip counter file dated 26-03-2010.

Ex.A3        Returned memo issued by K.B.S. Bank Mahaboob Nagar dated 30-03-2010.

Ex.A4        Office copy of legal notice dated 16-06-2010.

Ex.A5                Postal receipt and acknowledgement.

List of exhibits marked for the opposite party:-

Ex.B1                Photo copy of Extract of Cheque Return Register from 

27-03-2010 to 16-04-2010.

          Sd/-                                     Sd/-                               Sd/-

MALE MEMBER                      PRESIDENT                 LADY MEMBER

// Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//

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Complainant and Opposite parties  :

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