JUDGMENT

            The complainant has filed this complaint u/sec. 12 of the Consumer Protection Act – 1986 against the Op alleging deficiency in service in not settling the cheque amount which was given to  deposit amount of Rs.1,90,000/-. Hence, prays for cheque amount of Rs.1,90,000/- along with compensation of Rs.1,00,000/- for physical and mental agony and Rs.1,00,000/- for deficiency of service and Rs.5,000/- for miscellaneous and litigation expenses. 

             Brief averments of the Complaint are;

            2.  That, the complainant alleged that the complainant had deposited two fixed deposit amount of Rs.50,000/- on 29.06.2011 in the OP-Branch. The receipt number is 705886 and the Sl. No. is V3A151126. The maturity date of the fixed deposit amount is on 30.06.2013 and the total value amount of the fixed deposit of the maturity is Rs.1,00,000/-.

            Another fixed deposit is of Rs.50,000/- on 29.06.2011 in the OP-Branch. The Receipt number is 705887 and the Sl. No. is V3A210749. The maturity date of the fixed deposit amount is on 30.06.2013 and the total value amount of the fixed deposit after maturity is Rs.1,00,000/-.

            That the complainant further alleged that after the maturity of the fixed deposit the Complainant has submitted the original bond. After submitting the original bond, the OP-Branch has issued two cheques to the Complainant. The details of the first cheque are Bank Name: S.B.I., Bangalore Branch, Cheque No.003337, Cheque dated: 18.01.2014. The total amount of the cheque is Rs.95,000/-. The second cheque is issued in the Bank of S.B.I. Bangalore Branch, Cheque No.003336, Cheque dated: 11.01.2014. The total amount value of the cheque amount is Rs.95,000/-. The Complainant alleged that the presented the cheque through his banker P.G.B. Bank, Taveragera and S.B.H. Bank Taveragera. But the said cheque came with an endorsement stating that “Account closed”. Hence, from this it is well versed that the OP has committed unfair trade practice and deficiency of service. Hence filed this Complaint praying for the settlement of the two cheque amount to the total value of Rs.1,90,000/- along with compensation of Rs.1,00,000/- towards physical and mental agony and Rs.1,00,000/- towards deficiency of service and Rs.5,000/- towards miscellaneous and litigation expenses as prayed above.

3.         The Forum after admitting the complaint a notice was issued to the OP and the said notice was served upon him. The OP appeared before the Forum along with their counsel and filed Vakalatnama. The OP inspite of giving sufficient time for filing Written Version to the main petition, the OP failed to file the Written Version and hence was taken as Written Version not filed and posted for the evidence.

4.   On the basis of the above pleadings, the following points have been framed;

POINTS

1.  Whether the complainant proves that there is deficiency in service in not settling the two cheques amount given to the Complainant?
2. Whether the complainant further proves that he is entitled for the relief sought for?
3. What order?

      5.    To prove the case of the complainant, the complainant himself examined as PW-1 and he got marked documents as per EX A-1 to EX A-8 and closed their side evidence. The OP after giving sufficient time failed to lead this evidence on their side and hence was taken as evidence “NIL” and posted for arguments.

 Heard the arguments of counsel and perused the records.

       6.   Our findings on the above points are as under:

Point No. 1 :   In the Affirmative,

Point No. 2 :   In the Affirmative,

                  Point No. 3 : As per final Order for the following

REASONS

7.  POINT No. 1 and 2:  As these two issues are interconnected each other, hence they are taken together for common discussion to avoid repetition of facts, evidence, documents and arguments.

            8.  On perusal of the pleadings, evidence, coupled with documents of respective parties on record.  It is the case of the complainant alleging deficiency in service in not settling the cheque amount. The complainant approached and claimed for the fixed deposit along with benefit of maturity and submitted the bond to the OP-Branch. Then the OP-Branch issued two cheques of amount to the total value of Rs.95,000/- each in total to the tune of Rs.1,95,000/- of the two cheques. When the two cheques were presented through its Banker for its collection of the amount, the said cheque was bounced and came with an endorsement stating as account closed and hence the OP has not settled the claim. Hence, the Complainant alleges deficiency of service.

            9.         To prove the case of the complainant, the PW-1 has reiterated the complainant averments in his examination in Chief and in support of her case, he has produced the documents pertains to the 1^st original bond on 03.07.2013 which is marked as EX-A-1 and its Schedule as EX A2 and 2^nd original bond on 03.07.2013 which is marked as EX A5 and its schedule as EX A6. EX A5 and EX A6 reveals that the Complainant is the holder of the property advance and it is clearly mentioned that the said plan is matured on 03.07.2013 and the maturity amount is of Rs.95,000/-. EX A1 reveals that the Complainant is the holder of the property advance and it is clearly mentioned that the said plan is matured on 03.07.2013 and the maturity amount is of Rs.95,000/- PW1 has further averred and deposed that after submitting the original bond, the OP branch insured of paying the cash has issued a cheque n 18.01.2014 to the total amount of Rs.95,000/- of State Bank of India, Bangalore with Cheque No.003337 which is marked as EX A4 and another cheque on 11.01.2014 to the total amount of Rs.95,000/- of State Bank of India, Bangalore with Cheque No003336 which is marked as EX A8.

            PW-1 further deposed that the Complainant presented the cheque for collection of the amount but the said cheque were bounced and came with an endorsement stating as account closed through its banker and the said endorsement of the bank are marked as EX A3 and EX A7. This itself clearly goes to show that the said OP has issued the two cheques for the payment of the amount deposited in the OP-Branch. But, the disprove the said entries in EX A-1, EX A2, EX A4, EX A5, EX 6 and EX A8 the OP has not produced any other cogent and corroborative evidence. Therefore, on perusal of the EX A-4 and EX A8 which are the cheques issued by the OP-Branch to the Complainant which have been produced by the Complainant which are issued in the name of the Complainant. Therefore, it can be presumed that the Complainant has fixed deposited the amount of Rs.50,000/- in one bond and Rs.50,000/- in another bond and the OP-Branch has offered to pay Rs.1,00,000/- each after its maturity and after its maturity, these two cheques were issued by the OP to the complainant and these two cheques after presentation was bounced and came with an endorsement as “Account closed”. This itself clearly goes to show that the said OP has not returned the fixed deposit amount even after its maturity date is completed and the said cheques are not cleared for collection.

            10.       The OP has failed to file their Written Version and no doubt the OP has not adduced any evidence. From this, it clearly shows that the OP has committed the deficiency of service.

            11.       On the contrary, as per the oral evidence coupled with documentary evidence, the complainant prove that by way of filing the present Complaint the OP have not settled the fixed deposit amount after its maturity and have committed deficiency of service on the part of the OP’s as the Complainant alleged in their Complaint. The said allegation has been proved by the Complainant. Hence, in the light of above observations, the Complainant is entitled for the reliefs as prayed for.

            12.       In the light of observations made by us on Point No.1 and 2, since the Complainant filed the Complaint for deficiency of service with respect to the fixed deposit amount of Rs.50,000/- along with its maturity amount of Rs.1,00,000/- in total of 1^st bond and Rs.50,000/- along with it’s maturity amount of Rs.1,00,000/- in total of 2^nd bond.  In the light of observations made by us while answering the Point No.1 in the affirmative, the present Complainant is entitled for the relief as prayed for. Accordingly, we constrained to hold Point No.2 in Affirmative. 

13. POINT NO.3 :   Hence in the result, we proceed to pass the following: 

ORDER

1. The complaint filed by the complainant is hereby partly allowed.
2. OP is directed to pay the cheque amount to the sum of Rs.1,90,000/- (Rupees one lakh ninety thousand) along with interest at 09% p.a. will be charged on the amount from the date of filing of this Complaint and Rs.5,000/- (Rupees five thousand) for deficiency of service and Rs.2,500/- (Rupees two thousand five hundred) towards physical and mental agony and Rs.1,500/- (Rupees one thousand five hundred) towards litigation expenses to the Complainant within one month from the date of receipt of this order, failing which 12% p.a interest will be charged from the date of filing of Complaint till realization.
3. Send the free copies of this order to both parties.

Dictated to the Stenographer, transcribed, typed by him, typescript, corrected by me and then pronounced in the Open Forum on 26^th day of April, 2016.

// ANNEXURE //

List of Documents Exhibited for the Complainant.

Witnesses examined for the Complainant / Respondent.