The complainant’s case which is extracted from the written complaint and other materials on record runs as follows. The complainant has a Savings Bank A/c no.224511 in the Opposite Party Bank. On 10.1.2013 complainant deposited a cheque bearing no.621295 of State
Bank of India, Bally Branch of Rs.50,000/- for encashment of the said cheque. The said cheque was taken by the Opposite Party , Manager , United Bank of India, Rishra Branch Hooghly under receipt. But after waiting next three months the cheque was not encashed and the said amount was not deposited in the Savings Bank account. The complainant met the OP but no result. Complainant was informed that the said cheque has been misplaced. Nevertheless, the complainant again met but was not successful regarding encashment of his cheque . On 22.6.2014 the complainant issued notice asking the Op for encashment of cheque but the Op did not turn up. Hence, the case instituted by the complainant for encashment of the cheque and other compensation .
The OP/Bank appeared and filed Written version. The Op admitted that the complainant deposited cheque no. 621295 drawn on S.B.I. Bally branch of Rs.50,000/- on 10.1.2013 in the Savings account no. 224511. The said cheque was sent for encashment but the said cheque was returned on 19.2.2013 for insufficient fund. The said cheque again was presented by the oP on 19.2.2013 . On 18.3.2013 the said cheque was returned with endorsement insufficient fund and penalty of Rs.112/- was deducted from his account as per Banking Rule. The complainant was informed verbally about the returned cheque on 18.3.2013 . The complainant also sent a letter 23.6.2014 by registered post. Accordingly, it is prayed by the for dismissal of the case.
Complainant filed copy of letter to Manager, UBI, and Bank receipt with A/d card. Complainant also filed Evidence in chief and Written Notes of argument. Op on the other hand report of transaction date 1.1.2013 to 9.12.2014 . Op also filed WNA.
POINTS FOR DECISION
- Whether the complainant is a consumer?
- If there is any deficiency on the part of the oP ?
- If complainant is entitled to get any relief?
DECISION WITH REASONS :
All the points are taken up together for easiness of discussion.
It is admitted by the Op Bank that the complainant deposited the cheque before the oP Bank for encashment and it is also admitted that the said cheque was sent by the OP for encashment to the SBI, Bally branch. The Bally branch return the same for insufficient fund. Again and again the said cheque was sent to the S.B.I., Bally branch for encashment but the said cheque was returned with remarks insufficient fund. It has also been argued by the OP Bank that as the cheque was dishonoured by the Bank which it was drawn Rs.112/- was deducted from the Complainant’s Savings Account and the said cheque was duly returned to him. From the statement filed by the oP Bank on 18.3.2013 it appears that Rs.112/- was debited from his account. It also appears from the statement that within that mischief period regarding correspondence , the complainant had transaction with the OP Bank. From this circumstances, it cannot be said that there was deficiency in service of the OP Bank. The complainant is silent regarding debit of Rs.112/- from his account on 18.3.2013.
So after considering the material it is seen that allegation and evidence reflected in documents does not prove the deficiency in service of the Opposite party Bank as such the case will be liable to be dismissed. Hence it is –
Ordered
That the CC o. 186 of 2014 be and the same is dismissed on contest. No order as to cost.
Let a copy of this order be made over to the parties free of cost.
