Date of Filing : 06.11.2014
Date of Order : 13.04.2016
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT: THIRU. B. RAMALINGAM M.A.M.L., : PRESIDENT
TMT. K.AMALA, M.A. L.L.B., : MEMBER I
DR. T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II
C.C.NO.440/2014
WEDNESDAY THIS 13TH DAY OF APRIL 2016
Mrs. A.Jaya Lilly,
W/o. S.Arulanandam,
Rep. by its Mr.Arulanandam,
No.3, Third Loop Street,
Kottur Gardens,
Kottur Puram,
Chennai – 85. ..Complainant
..Vs..
The Manager,
State Bank of India,
Kotturpuram Branch,
52/36, Gandhi Mandapam Road,
Kottuarpuram,
Chennai -85. ..Opposite party
For the Complainant : Party in person.
For the opposite party : M/s. J. Pothiraj
Complaint under section 12 of the Consumer Protection Act 1986. Complaint is filed seeking direction against the opposite party to pay a sum of Rs.3082/- for monetary loss and also to pay a sum of Rs.50,000/- towards compensation and also to pay a sum of Rs.5,000/- as cost of the complaint.
ORDER
THIRU. B. RAMALINGAM PRESIDENT
1.The case of the complainant is briefly as follows:-
The complainant submit that he has presented the cheque for 1000 US Dollars dated 10.04.2014 payable by bank at USA, on 15.04.2014 in the opposite party’s bank in order for remittance of the amount in her savings account bearing account No.30218572809, after collection a sum of Rs.57,798/- was credited in the complainant’s said account on 26.05.2014. The opposite party in sending the cheque for collection and crediting the amount in her account was highly delayed without observing the proper procedure and without observing the time fixed for the said process as such it caused the complainant loss of a sum of Rs.3,082/- due to fluctuation of the US dollar rate due to delayed processing in encashing the said cheque committed by the opposite party which amounts to deficiency of service, as such the complainant has suffered monetary loss. Despite of several demands, the opposite party neither furnished the particulars of dates such as the said cheque sent to the collection bank and amount received etc., nor complied the demand of crediting the said amount in her account. As such the complainant has sought for claiming a sum of Rs.3082/- for monetary loss and also to pay a sum of Rs.50,000/- towards compensation and also to pay a sum of Rs.5,000/- as cost of the complaint. Hence the complaint.
Written Version of opposite party is in briefly as follows:
2. The opposite party denies all the averments and allegation contained in the complaint except those that are specifically admitted herein. They have not committed any delay in processing the said cheque presented by the complainant for encashment. The said cheque was forwarded to the State Bank of India SME Branch, Adyar and thereafter it was forwarded to the International Branch of State Bank of India, New York immediately. It is also the policy of the State Bank of India that any International transaction (in respect of cheques drawn on USA) would take 21 days for realization of the amount and this policy is adopted by India throughout the country accordingly the cheque presented by the complainant sent to SME Adyar Branch on 11.04.2014 and the same was realized on 26.05.2014 with an amount of Rs.57,798/- which was credited in the complainant’s account on the same day. When the complainant approached the opposite party for the delay in getting the amount credited in her account on the request of the opposite party branch in order to compensate the delay as per the banks extant instructions the SME Branch of State Bank of India, Adyar gave credit of Rs.153/- and the same was credited in complainant account on 19.11.2014. Hence there is no delay and deficiency in service on the part of the opposite and the complaint is liable to be dismissed.
3. Complainant has filed his Proof affidavit and Ex.A1 to Ex.A10 were marked on the side of the complainant. Proof affidavit of Opposite party filed and Ex.B1 to Ex.B5 were marked on the side of the opposite party.
4. The points that arise for consideration are as follows:-
1) Whether there is any deficiency in service on the part of the opposite party?
- Whether the complainant is entitled to the reliefs sought for?.
5. POINTS 1 to 2 : -
Perused the complaint filed by the complainant, the written version filed by the opposite party, proof affidavits filed by the complainant and the opposite party and the documents Ex.A1 to Ex.A10 filed on the side of complainant and the documents Ex.B1 to Ex.B5 marked on the side of the opposite party and considered the both sides arguments.
6. Considering the both side case, the following are the admitted facts that the complainant has presented the cheque for 1000 US Dollars dated 10.04.2014 payable by bank at USA, on 15.04.2014 in the opposite party’s bank in order for remittance of the amount in her savings account bearing account No.30218572809, after collection a sum of Rs.57,798/- was credited in the complainant’s said account on 26.05.2014 Ex.A1 proves the same.
7. Complainant has raised grievance over the said process adopted by the opposite party in sending the cheque for collection and crediting the amount in her account was highly delayed without observing the proper procedure and without observing the time fixed for the said process as such it caused the complainant loss of a sum of Rs.3,082- due to fluctuation of the US dollar rate due to delayed processing in encashing the said cheque committed by the opposite party which amounts to deficiency of service, as such the complainant has suffered monetary loss and despite of several demand, the opposite party neither furnished the particulars of dates such as the said cheque sent to the collection bank and amount received etc., nor complied the demand of crediting the said amount in her account as such the same has caused mental agony and hardship, the complainant claims compensation of Rs.50,000/- against the opposite party. Further the complainant for the said allegation made against the opposite party relied upon the encashment of similar foreign cheque presented and encashed by his relatives through the other nationalized bank Indian Bank, Kotturpuram Branch and Indian Overseas Bank, by the said banks the similar cheques presented were encashed and the amount of the said cheques were credited in their respective accounts on 29.05.2014 and 22.05.2014 respectively as mentioned in Ex.A2, Ex.A3 and Ex.A10 were filed. The amount realized for the similar cheque for the 1000 US dollar dated 10.04.2014 payable at the same bank which were also presented on the same day i.e 15.04.2014.
8. Whereas the opposite party has resisted the said complaint by stating that they have not committed any delay in processing the said cheque presented by the complainant for encashment. The said cheque was forwarded to the State Bank of India SME Branch, Adyar and thereafter it was forwarded to the International Branch of State Bank of India, New York immediately. It is also the policy of the State Bank of India that any International transaction (in respect of cheques drawn on USA) would take 21 days for realization of the amount and this policy is adopted by India throughout the country accordingly the cheque presented by the complainant sent to SME Adyar Branch on 11.04.2014 and the same was realized on 26.05.2014 with an amount of Rs.57,798/- which was credited in the complainant’s account on the same day. When the complainant approached the opposite party raising the grievance of the delay in getting the amount credited in her account on the request of the opposite party branch in order to compensate the delay as per the banks extant instructions the SME Branch of State Bank of India, Adyar gave credit of Rs.153/- and the same was credited in complainant account on 19.11.2014 , as such there is no delay and deficiency as alleged by the complainant, on the part of the opposite parties in the process of encashing the said cheque the amount realized for the cheque was accordance to the prevailing exchange rate of value of the dollar as on date as such the complainant is not entitle for any amount to be credited in her account and compensation sought for in the complaint against the opposite party.
9. The opposite party itself has admitted that the said cheque was presented by the complainant as per Ex.A1 remittance on 15.04.2014. But the contention of the opposite party that the said cheque was forwarded to the SME Adyar Branch which is the branch of the opposite party, dealing with the foreign transactions on 11.04.2014 is not acceptable and the document Ex.B2 filed and relied for the said fact by the opposite party is also not valid and relevant, since the entries in the Ex.B2 document are also not legible. Therefore the further contention made by the opposite party that the said cheque was sent in time as per the circular orders of their bank without any delay for encashment is not acceptable, since no document containing particulars of dates on which the said cheque was sent by opposite party to SME Branch at Adyar, from there to International Branch of State Bank of India, Newyork, from there to cheque mentioned amount payable bank for collection, and when the amount was received by the opposite bank by encashment etc., Therefore the said particulars and the relevant document in the process of encashment of complaint mentioned cheque neither produced by the opposite party nor furnished to the complainant despite of demand made by the complainant even before filing of this complaint. Therefore without furnishing those particulars and not filing the relevant document the opposite party’s contention that they have not made any delay in the process of encashment of the said cheque is not acceptable.
10. Further the complainant has filed Ex.A9 the website copy of the RBI website as FAQ clarifying US Dollar Cheque collection “In which it is mentioned that the time taken by the banks for collection of USD cheques normally ranges from 15 to 30 days and may go upto 45 days depending upon the collection arrangements and place at which the instrument is payable. However in the present case the complainant has produced proof for the collection made for the presentation of similar cheques payable at same bank at USA, presented in similar dates i.e on 15.04.2014, in the other nationalized banks i.e Indian Bank and Indian Overseas Bank situated within Chennai have taken up the effort of encashment of the said cheques and amounts were collected and credited on 09.05.2014 a sum of Rs.59,516/- for the cheque mentioned amount of 1000 US Dollars by Indian Bank and on 22.05.2014 a sum of Rs.58,222/- for the cheque mentioned amount of 1000 US Dollar by Indian Over Seas bank and also an additional amount of Rs.1190/- also credited as difference on the basis of Treasury Department. FED advice as difference in the prevailing exchange rate as on 12.05.2014 i.e Rs.59.76. Therefore on the basis of above fact and the RBI instructions containing Ex.A9 if the opposite party would have taken sincere and proper procedure without causing any delay in the encashment of the complaint mentioned cheque, the amount would have been realized and credited in the complaint’s account on or before 22.05.2014 as time taken in the case of above mentioned encashment of similar cheques by other banks that too within 21 days after deducting the cooling period of 10 days which has to be availed by foreign bank.
11. Therefore as discussed above, though the opposite party has contended that they have not committed any delay in processing the encashment of complaint mentioned cheques and crediting the amount in the complainant account since they have not produced relevant document containing different dates of the said process and also the delay committed by the complainant was very well proved by considering the encashment and crediting the amount in the account in respect of similar cheques by other banks, we are of the considered view that the complainant contention that the opposite party have committed unreasonable delay in the process of encashing the complaint mentioned foreign cheque and crediting the amount for the same in her account is proved and acceptable.
12. Further due to the said delay committed by the opposite party, the complainant has also suffered monetary loss for the said cheque mentioned amount in getting exchange rate at the rate of 59.76 per US Dollar as mentioned in Ex.A10, as rate prevailing as on 12.05.2014 is acceptable. Therefore as mentioned in Ex.A10, if the complaint mentioned cheque has been properly processed by the opposite party for the encashment, the said cheque mentioned amount was also been calculated at the rate of 59.76 per dollar prevailing that as on 12.05.2015 and the amount Rs.59,412/- as done in the similar case by the Indian Overseas Bank. Whereas the opposite party has credited lesser amount i.e. Rs.57798/- only in the account for the encashment of the said cheque that too on 26.05.2014. Further as per the Ex.A9 the RBI circular order mentioned condition the opposite party is also liable to pay interest for the delay in crediting the said amount is also acceptable. Therefore the said delay in processing the complaint mentioned cheque for encashment and crediting the amount in the account was caused monetary loss to the complainant is also acceptable.
13. Therefore we are of the considered view that the opposite party had committed deficiency of service in the process of making collection and crediting the complaint mentioned cheque amount presented by the complainant as such which has caused monetary loss to the complainant and further despite of the complainant’s request the opposite party neither furnished the particulars about the said process of encashment in respect of the said cheque to the complainant as such the deficiency of service attributed against the opposite party is proved. The said deficiency of service committed by the opposite party has caused monetary loss and mental agony and hard ship to the complainant is also acceptable. Though the complainant has sought for a sum of Rs.3082/- with interest to be credited in her account towards monetary loss and also claim compensation of Rs.50,000/- against the opposite party, considering the facts and circumstances of the case we are of the considered view that the opposite party is liable to pay a sum of Rs.10,000/- as just and reasonable compensation towards monetary loss and also to pay a sum of Rs.5000/- towards litigation charges to the complainant. Accordingly the points 1 and 2 are answered.
In the result, the complainant is partly allowed. The opposite party is directed to pay to a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation and monetary loss and also to pay a sum of Rs.5000/- (Rupees Five thousand only) towards litigation charges within six weeks from the date of this order, failing which the said amount of Rs.10000/- will also carry interest at the rate of 6% p.a. from the date of this order to till the date of payment.
Dictated to the Assistant transcribed and typed by her corrected and pronounced by us on this the 13th day of April 2016.
MEMBER-I MEMBER-II PRESIDENT.
Complainant’s side documents:
Ex.A1- 15.4.2014 - Copy of Challan C.F. with PB entry in SBI.
Ex.A2- 15.4.2014 - Copy of Challan C.F. with PB entry in Indian Bank.
Ex.A3- 15.4.2014 - Copy of Challan C.F. in I.O.B.
Ex.A4- 30.5.2014 - Copy of letter sent to SBI seeking details.
Ex.A5- 23.7.2014 - Copy of complaint to Ombudsman RBI.
Ex.A6- 26.9.2014 - Copy of Notice sent to Manager, SBI for loss etc.
Ex.A7- 27.9.2014 - Copy of Ack. card from P.O.
Ex.A8- - - Copies of documents from Bank at USA and cheque details.
Ex.A9- - - Copy of relevant pages taken from RBI Website as FAQ
Clarifying US-Dollar Cheque collection.
Ex.A10- 21.11.2014 - Copy of letter given by Sr. Manager IOB, Adyar, regretting
For delay and correction in exchange rate and give credit of
Rs.1190/- to the customer on his representation.
Opposite party’s Exhibits:-
Ex.B1- 4.10.2014 - Copy of Cheque for 1000 US $
Ex.B2- - - Copy of Short credit dispatched cheques.
Ex.B3- - - Copy of Policy instruction.
Ex.B4- - - Copy of Deposit Transactions enquiry slip.
Ex.B5- - - Copy of Deposit Transactions enquiry slip.
MEMBER-I MEMBER-II PRESIDENT.
