DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 10th day of May, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya.A., Member
: Sri. Krishnankutty.N.K.,Member
Date of filing: 26/10/2019
CC/253/2019
A.Habeeb Rahman, - Complainant
S/o T.M.Abdul Hakim,
Ajantha Silks,31/865,BOC Road,
Palakkad 678 014.
(Party in person)
Vs
1.The Manager,
Punjab National Bank,B.O.C Road Branch
. Palakkad- 678 014.
(By Adv.P.M.Ramesan)
2. The Manager, - Opposite Parties
ICICI Bank,
Victoria College Road Branch,
Palakkad.-678 001.
(Exparte)
O R D E R
By Sri.Krishnankutty.N.K., Member
The Pleadings of the Complainant.
1. The complainant being a current account holder of the opposite party 1 issued a cheque bearing serial number 488335 for Rs.6067/- to one of his customers M/s Kanika Texofab. M/s Kanika Texofab deposited the above cheque with the opposite party 2 for the credit of their account with opposite party 2. On 05/10/2019, the opposite party 2 presented the above cheque in clearing and the account of the complainant with opposite party 1 was promptly debited. As per the pass book entry of the complainant’s account with opposite party 1 (Marked as Exhibit A1) it is observed that the same cheque was again presented in clearing on 11/10/2019 and got returned and cheque return charges of Rs.354/- was debited to the complainant’s account. The complainant approached the opposite party 1 for refund of the cheque return charges of Rs.354/- but they refused to do so stating that the mistake of presenting the cheque again on 11/10/2019 in clearing was done by the opposite party2.
Hence the complaint.
2. The opposite party 1 filed their version on 18/12/2019 and their affidavit on 14/03/2022. Their argument is that the act of presenting the cheque for the second time has happened in the hands of opposite party 2 which resulted in the return of the cheque and debit of return charges. How the cheque passed once was again presented in cleaning can/has to be explained by opposite party 2 any.
3. The opposite party 2 did not enter appearance and was set exparte on 03/12/2019.
4. The issues involved in the complaint are
a) Whether there is deficiency of service on the part of opposite party
1 in debiting complainant’s of account ?
b). Whether the complaint is a customer of opposite party 2 ?
c).Whether the complainant is entitled to any relief ?
d). Relief/interest if any ?
5. The complainant is a customer of opposite party 1 and not opposite party 2. As per the entries in the passbook of the complaint with opposite party 1(Exhibit A1), it is evident that the cheque presented and passed in clearing once on 05/10/2019 was again presented by opposite party 2 for clearing on 11/10/2019 which resulted in the return of cheque and the debit of return charges.
Hence it is concluded that there is no deficiency of service on the part of opposite party 1. Further, the complainant not being a consumer of opposite party 2 he is not entitled for any relief from opposite party 2. The complaint is to be dismissed.
Pronounced in the open court on this the 10th day of May 2022.
Sd/-
Vinay Menon V
President
Sd/-
Vidya.A
Member
Sd/-
Krishnankutty.N.K
Member
Exhibits marked on the side of complainant
Ext. A1– Copy of Passbook of the complainant
Exhibits marked on the side of Opposite parties
NIL
Cost: Nil
