Tamil Nadu
South Chennai
CC/305/2015
M/s.K.Mohandoss - Complainant(s)
Versus
The Manager,India Overseas Bank, Kalashetra Colony Branch - Opp.Party(s)
T.Thiyagarajan
12 Jul 2022
ORDER
Date of Complaint Filed : 26.05.2015
Date of Reservation : 04.07.2022
Date of Order : 12.07.2022
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
CHENNAI (SOUTH), CHENNAI-3.
PRESENT: TMT. B. JIJAA, M.L., : PRESIDENT
THIRU. T.R. SIVAKUMHAR, B.A., B.L., : MEMBER I
THIRU. S. NANDAGOPALAN., B.Sc., MBA., : MEMBER II
CONSUMER COMPLAINT No.305/2015
TUESDAY, THE 12th DAY OF JULY 2022
1.Mr.K.Mohandoss,
2.Mrs.M.Vasantha,
3.Mr.M.Karthikeyan,
All residing at No.3-B,
Irusappar Street,
Lakshmipuram,
Thiruvanmiyur,
Chennai – 600 041. ... Complainant
..Vs..
1.The Manager,
Indian Overseas Bank,
Kalashetra Colony Branch,
No.103, M.G Road,
Kalashetra Colony,
Besant Nagar,
Chennai – 600 090.
2.The Assistant Engineer,
SECEDC, South, Besant Nagar,
Chennai – 600 090. ... Opposite Parties
******
Counsel for the Complainant : M/s. T. Thiyagarajan
Counsel for the 1st Opposite Party : M/s. K. Parameshwari
Counsel for the 2nd Opposite Party : M/s. R. Amernath Rao Khande
On perusal of records and after having heard the oral arguments Complainant and 1st Opposite Party and having treated the written arguments of the 2nd Opposite Party as oral arguments, we delivered the following:
ORDER
Pronounced by the Member-I, Thiru.T.R.Sivakumhar, B.A., B.l.,
1. The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to pay a sum of Rs.1,00,000/- being compensation amount towards cause of mental agony for giving wrong account number and consequent to which the 2nd Opposite Party had refused to receive cheque after the dishonour of the earlier cheque and direct the 1st Opposite Party to pay a sum of Rs.25,000/- towards litigation expenses including the penalty and the return charges for the cheque suffered by the Complainants due to the negligence act of the 1st Opposite Party and direct the 1st Opposite Party to pay a sum of Rs.10,000/- being the amount towards cost of this complaint and direct he 2nd Opposite Party to receive the cheques for the payment of electricity charge for the future in respect of the E.B connections standing in the name of the Complainant.
2.The Averments of the Complaint in brief are as follows :-
The Complainants submit that the 1st Complainant Mr.K.Mohandas father of the 3rd Complainant is the owner of the property bearing Door.No.3B, Irusappa Street, Lakshmipuram, Thiruvanmiyur, Chennai and the 2nd Complainant Mrs.M.Vasantha, mother of the 3rd Complainant, is the owner of the property bearing Door.No.9/5A, Irusappa Street, Lakshmipuram, Thiruvanmiyur, Chennai. Both the properties are adjacent to each other consists of residential houses , there are 5 tenants each in both the properties which have been leased out to various tenants apart from residential house were the Complainants are residing. They have availed electricity connection standing in their name i.e., 1st Complainant viz.,Mr.K.Mohandas vide EB connection No.202-064-133, 202-064-305, 202-064-306, 202-064-596, 202-064-597 and 202-064-796 and the connection in the name of the 2nd Complainant viz Mrs.M.Vasantha bearing Nos.202-064-101, 202-064-465, 202-064-508 and 202-064-509. Based on the meter reading all the tenants will pay the amount by way of cash towards their consumption of electricity charges to the Complainants and in return the Complainant pays by way of cheques, in order to have a proper account and to avoid standing before the 2nd Opposite Party for a very long time. Moreover the 2nd Opposite Party would collect cash only upto Rs.2000/ and any amount beyond that will be only by way of cheque or demand draft. The cheque issued by the Complainants were received and presented by the 2nd Opposite Party and the same was cleared and there had been no complaint till date. During the month of July 2014, the 3rd Complainant had made payment towards consumption of electricity charges for the month of May and June 2014 by way of drawing a cheque for a sum of Rs.5370/- dated 15/07/2014 in favour of the 2nd Opposite Party. The said cheque was accepted by the 2nd Opposite Party and had issued a receipt towards acknowledgement of the cheque payment towards the electricity charges. The 2nd Opposite Party had presented the cheque for clearance on 16/07/2014 through their banker and the same was returned due to technical reasons. On receipt of information, the 2nd Opposite Party had informed the 3rd Complainant who met the Assistant Engineer and was served with a xerox copy of the return memo dated 17/07/2014 issued by the 2nd Opposite Party banker. The 3rd Complainant had met the 1st Opposite Party in person and had written a letter dated 22/09/2014 seeking the reason for the return of the cheque and on enquiry it was informed to the 3rd Complainant that at the time of issuance of cheque leaves, the bank authorities have wrongly feeded the 3rd Complainant account number as 208201000016296 instead of 208201000116296 it has been admitted by the 1st Opposite Party in their letter dated 23/09/2014 addressed to the 3rd Complainant, which was utter shock and surprise to the Complainants. Even after sufficient funds in the account the 2nd Opposite Party penalised towards the dishonour of the cheque moreover he should pay the electricity bill again along with the fine and that too the 2nd Opposite Party will not collect the cheques anymore on the name of the Complainants due to cheque return. Depending upon the tenants electricity consumption the Complainants will consolidate the whole amount and issue a cheque, but due to 1st Opposite Party act the Complainants are forced to pay the Electricity bill only by way of cash making it hard for the senior citizens. Now the Complainants 1 & 2 should stand in a very long queue instead of paying via cheque causing hardship due to the negligence act on the part of the 1st Opposite Party who is the author of the cheque, wrongly incorporated the account number of the 3rd Complainant which amounts to deficiency of service and mental agony. Hence the Complaint.
3.Brief facts of the Written Version filed by 1st Opposite Party are as follows:-
The 1st Opposite Party admits the fact that the 2 and 3 Complainants are having SB Account No.208201000116296 with the 1st Opposite Party bank. The 3rd Complainant issued a cheque dated 16.07.2014 for a sum of Rs.5370/- in favour of the 2nd Opposite Party. The 2nd Opposite Party presented the said cheque in his banker "Axis Bank" for CTS clearing. In the inward clearing, Axis bank wrongly scanned the Account number as 16296 instead of 116296 Since there is insufficient balance in the SB Account No.16296, the said cheque was returned. The said facts were already informed to the Complainants in person and the alleged act occurred due to technical reasons and the Opposite Party's officials unable to honour the cheque. They have not committed any deficiency of service to the Complainant and as such they are not liable to pay any amount of compensation to the Complainants towards mental agony. Hence sought to dismiss the case on merits.
4. Brief facts of the Written Version filed by 2nd Opposite Party are as follows:-
The 2nd Opposite Party submitted that the above complaint is not at all maintainable either in law or on the facts of the complaint and the same is liable to be dismissed in limine, as they have not exhausted the remedies available under the Statutory Act, Viz., Tamil Nadu Electricity Act and Rules. The Complainants are the consumers of the TANGEDCO/ TNEB and consuming the Electricity power to their premises under the following service connections in the name of K. Mohandoss viz. 1) 202-064-133, 2) 202-064-305, 3) 202-064-306, 4) 202-064-596, 5) 202-064-597, 6) 202-064-796 and service connections in the name of Mrs. M. Vasantha viz. 1) 202-064-101, 2) 202-064-465, 3) 202-064 508 and 4) 202-064-509 paid their current consumption charges till the month of April 2014. Any Cheque issued by the consumer towards current consumption charges will be accepted and a receipt will be issued towards the acknowledgement. In this case the Complainants have paid their current consumption charges for the month of May and June 2014 by way of Cheque for a sum of Rs. 5370/- vide Cheque No. 496477 dated 15.07.2014 issued by the INDIAN OVERSEAS BANK, Chennai Branch(2082) bearing Account No. 208201000116296, drawn in favour of SE/CEDC/ SOUTH for all the ten service connections in the name of 1st and 3rd Complainants and the same was received and the acknowledgements were issued to them. On receipt of the Cheque from the Complainants towards the consumption charges had been presented for clearance from the drawee bank, namely the INDIAN OVERSEAS BANK on 16.07.2014 and the same was returned unpaid and the fact was informed immediately to the Complainants, who presented the cheque for the current consumption charges and requested to pay the current consumption charges with required penalty as per the provisions of the Tamil Nadu Electricity Supply Code, 2004. According to the Section 15 (4) of the Tamil Nadu Electricity Supply Code, 2004, for a dishonoured cheque the following condition is applicable, which states as follows:
In case the Cheque issued by a consumer is dishonoured for any reason whatsoever the law tension consumer will be required to pay thereafter the amount due by cash/ Money Order / Demand Draft only. The Licensee (TNEB) shall have the powers to accord approval for restoring the Cheque facility for payment by the consumers after watching the performance of the consumers in regard to the settlement of current consumption charges at least for the last three consecutive billing periods in respect of L.T. consumers. The Licensee shall have the powers for the restoration of cheque payment facility [up to fourth occasion] after watching the performance of the consumers in regard to subsequent settlement of charges. Such Consumers shall pay service charges for dishonour of Cheque as stipulated by the Commission in addition to the following.
a) Low Tension Connection: Additional service charges @ 1% of the dishonoured cheque amount subject to a minimum of Rs. 500/-.
b) High Tension Consumers: Additional service charges @ 1% of the dishonoured cheque amount subject to a minimum of Rs. 1000/-.
c) This concession of restoration of cheque payment facility shall not be given thereafter for a service connection.
Therefore, the cheque dishonour for any reason will be penalised as per the TANGEDCO Rules in force. Any consumers who opted to pay their current consumption charges can pay through "Online" or "Post Office" or in " Banks ". Therefore the consumer need not stand in the queue for a very long time at the TNEB collection centres. Moreover since the cheque issued by the Complainants was dishonoured are not entitled to avail the facility for issuing the cheque for the current consumption charges thereafter as per the provisions of the Tamil Nadu Electricity Supply Code, 2004, and as per the aforesaid norms and hence the original petition is liable to be dismissed.
5. The Complainants submitted their Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-37 were marked. The 1st Opposite Party submitted their Proof Affidavit and Written Arguments and on the side of the 1st Opposite Party, no documents were marked. The 2nd Opposite Party submitted their Proof Affidavit and Written Arguments and on the side of the 2nd Opposite Party no documents were marked.
Points for Consideration
1. Whether there is deficiency in service on the part of the Opposite Party?
2. Whether the Complainant is entitled for reliefs claimed?
3. To what other reliefs the Complainant is entitled to?
Point No.1
It is not in dispute that the 1st and 2nd Complainants have electricity connections to their residential houses in their names separately in connection Nos 202-064-133 , 202-064-305 , 202-064-306 ,202-064-596, 202-064-597, 202-064-796, and 202-064-101, 202-064-465 , 202-064-508, 202-064-509, respectively.
It is also not in dispute that the 3rd Complainant being the son of 1st and 2nd Complainant who is maintaining / operating a Savings Bank Account with the 1st Opposite Party and towards payment of electricity charges for the above said connections of 1st and 2nd Complainant had issued a cheque bearing No 496477 dated 15.07.2014 drawn on the 1st Opposite Party bank for a sum of Rs.5,370/- favouring 2nd Opposite Party.
It is in dispute that the above said cheque by the 3rd Complainant on behalf of the 1st and 2nd Complainant returned by the 1st Opposite Party on 17.07.2014, when presented for clearance, in spite of sufficient funds available in his account, where upon the Complainants were called by the 2nd Opposite Party to pay the electricity charges with penalty and refused to collect for the charges in respect of said connections by way of cheque and the Complainant paid the due amount with penalty by cash. Thereafter approached the 1st Opposite Party and enquired for the reason of return whereby they came to know due to technical reasons the said cheque was returned where as the return memo dated 17.07.2014 issued by HDFC Bank Mylapore Chennai-04, marked as Exhibit A-22 reflects the reason for return as “insufficient funds”, but the letter dated 23.09.2014 issued by the 1st Opposite Party to the 3rd Complainant marked as Ex-A-33, wherein it is mentioned as the said cheque issued favoring SECEDC South which was presented on 16.07.2014 through clearing grid CTS on 17.07.2014 the account number of the 3rd Complainant was wrongly feeded as 2080201000016296 instead of 2080201000116296, the cheque was returned due to technical reason and not for insufficient funds.
The contention of the 1st Opposite Party is that they have received the said cheque for clearance through CTS clearing from “Axis Bank” wherein the Account Number of the 3rd Complainant was wrongly mentioned as 16296 instead of 116296, since there was no sufficient funds in the account number 16296, the said cheque was returned and the same was duly informed it was only due to technical reasons and they have not committed any deficiency of service and not liable to any compensation.
The contention of the 2nd Opposite Party is that they had admitted the connections and the said payment made through cheque in respect of the said electricity connections and since the cheque was returned, requested the Complainants to pay the current consumption charges with required penalty as per the provisions of the TamilNadu Electricity Supply Code 2004. Further had referred section 15 (4) Of the Tamilnadu Electricity Supply Code, 2004, wherein it is clear that the licence shall have the powers to accord approval for the cheque facility for payments by the consumers after watching the performance of the consumers in regard to the settlement of current consumption charges at least for the last three consecutive billing periods in respect of L.T.Consumers.
On considering the facts and circumstances of the case in hand, it is clear from Exhibit A-22 the subject cheque was retunred by the 1st Opposite Party with the insufficient funds and the contention of the 1st Opposite Party would be that the account number of the 3rd Complainant was wrongly mentioned as 16296 instead of 116296 which they received through CTS clearing and since there is no sufficient funds in account number 16296 is not sustainable, as no proof of the statement pertaining to account number 16296 has been produced before this Commission by the 1st Opposite Party to substantiate their contention, hence the said contention is not sustainable.
Further the relief of the Complainants against the 2nd Opposite Party is that to direct them the 2nd Opposite Party to receive future electricity consumption charges through cheque, when section 15 (4) of the Tamilnadu Electricity Supply Code 2004 facilitates for restoring the cheque payment as referred above, we are not inclined to pass any orders against the 2nd Opposite party.
On the discussions made above, this commission holds that the 1st Opposite Party by not clearing the cheque of the 3rd Complainant issued towards payment of electricity charges on behalf of 1st and 2nd Complainant, favouring 2nd Opposite Party had acted negligently. Hence, this Commission is of the considered view that the 1st Opposite Party had committed deficiency of service to the Complainants. Accordingly, Point No.1 is answered.
Point Nos. 2 and 3:-
As discussed on decided Point No. 1 against the 1st Opposite Party, the 1st Opposite Party is liable to pay a sum of Rs.10,000/- towards deficiency of service and mental agony and to pay a sum of Rs.3,000/- towards cost. And the Complainants are not entitled for any other relief/s. Accordingly Point Nos. 2 and 3 are answered.
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In the result, the Complaint is allowed in part. The 1st Opposite Party is directed to pay a sum of Rs.10,000/-(Rupees Ten Thousand Only) towards deficiency of service and mental agony caused to the Complainant and to pay a sum of Rs.3,000/-(Rupees Three Thousand Only) towards cost of this complaint to the Complainant, within 8 weeks from the date of the order, failing which, the Complainant is entitled to recover the above amounts together with interest at the rate of 6% per annum from the date of the order till the date of realization.
In the result the Complaint is allowed.
Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 12th of July 2022.
S. NANDAGOPALAN T.R. SIVAKUMHAR B.JIJAA
MEMBER II MEMBER I PRESIDENT
List of documents filed on the side of the Complainant:-
Ex.A1 | E.B. Card No. 202-064-133 standing in the name of Mohandoss | |
Ex.A2 |
| E.B. Card No. 202-064-305 standing in the name of Mohandoss
|
Ex.A3 |
| E.B. Card No. 202-064-306 standing
in the name of Mohandoss |
Ex.A4 |
| E.B. Card No. 202-064-596 standing in the name of Mohandoss |
Ex.A5 |
| E.B. Card No. 202-064-597 standing in the name of Mohandoss |
Ex.A6 |
| E.B. Card No. 202-064-796 standing in the name of Mohandoss
|
Ex.A7 |
| E.B. Card No. 202-064-101 standing
in the name of Vasantha
|
Ex.A8 |
| E.B. Card No. 202-064-465 standing in the name of Vasantha
|
Ex.A9 |
| E.B. Card No. 202-064-508 standing in the name of Vasantha
|
Ex.A10 |
| E.B. Card No. 202-064-509 standing in the name of Vasantha
|
Ex.A11 | 15.07.2014 | Cheque issued by the Complaisant in favour of the 2nd Opposite Party for a sum of Rs.5370/- |
Ex.A12 | 15.07.2014 | Receipt issued by the 2nd Opposite Party in respect of E.B. Connection No. 202-064-133 |
Ex.A13 | 15.07.2014 | Receipt issued by the 2nd Opposite Party in respect of E.B. Connection No. 202-064-305 |
Ex.A14 | 15.07.2014 | Receipt issued by the 2nd Opposite Party in respect of E.B.Connection No. 202-064-306
|
Ex.A15 | 15.07.2014 | Receipt issued by the 2nd Opposite Party in respect of E.B.Connection No. 202-064-596 |
Ex.A16 | 15.07.2014 | Receipt issued by the 2nd Opposite Party in respect of E.B.Connection No. 202-064-597 |
Ex.A17 | 15.07.2014 | Receipt issued by the 2nd Opposite Party in respect of E.B.Connection No. 202-064-796 |
Ex.A18 | 15.07.2014 | Receipt issued by the 2nd Opposite Party in respect of E.B.Connection No. 202-064-101 |
Ex.A19 | 15.07.2014 | Receipt issued by the 2nd Opposite Party in respect of E.B.Connection No. 202-064-465 |
Ex.A20 | 15.07.2014 | Receipt issued by the 2nd Opposite Party in respect of E.B.Connection No. 202-064-508 |
Ex.A21 | 15.07.2014 | Receipt issued by the 2nd Opposite Party in respect of E.B.Connection No. 202-064-509 |
Ex.A22 | 17.07.2014 | Return memo issued by the 2nd Opposite Party's banker |
Ex.A23 | 26.07.2014 | Receipt for Rs.1150/- issued by the 2nd Opposite Party towards the collection of E.B Charge, Misc Charge and the dishonour charge (E.B. Connection No.202-064-133) |
Ex.A24 | 26.07.2014 | Receipt for Rs.545/- issued by the 2nd Opposite Party towards the collection of E.B Charge, Misc Charge and the dishonour charge (E.B. Connection No.202-064-305) |
Ex.A25 | 26.07.2014 | Receipt for Rs.1180/- issued by the 2nd Opposite Party towards the collection of E.B Charge, Misc Charge and the dishonour charge (E.B. Connection No.202-064-306) |
Ex.A26 | 26.07.2014 | Receipt for Rs.605/- issued by the 2nd Opposite Party towards the collection of E.B Charge, Misc Charge and the dishonour charge (E.B. Connection No.202-064-596) |
Ex.A27 | 26.07.2014 | Receipt for Rs.970/- issued by the 2nd Opposite Party towards the collection of E.B Charge, Misc Charge and the dishonour charge (E.B. Connection No.202-064-597) |
Ex.A28 | 26.07.2014 | Receipt for Rs.1330/- issued by the 2nd Opposite Party towards the collection of E.B Charge, Misc Charge and the dishonour charge (E.B. Connection No.202-064-796) |
Ex.A29 | 26.07.2014 | Receipt for Rs.790/- issued by the 2nd Opposite Party towards the collection of E.B Charge, Misc Charge and the dishonour charge (E.B. Connection No.202-064-101) |
Ex.A30 | 26.07.2014 | Receipt for Rs.330/- issued by the 2nd Opposite Party towards the collection of E.B Charge, Misc Charge and the dishonour charge (E.B. Connection No.202-064-465) |
Ex.A31 | 26.07.2014 | Receipt for Rs.410/- issued by the 2nd Opposite Party towards the collection of E.B Charge, Misc Charge and the dishonour charge (E.B. Connection No.202-064-508) |
Ex.A32 | 26.07.2014 | Receipt for Rs.1060/- issued by the 2nd Opposite Party towards the collection of E.B Charge, Misc Charge and the dishonour charge (E.B. Connection No.202-064-509) |
Ex.A33 | 23.09.2014 | Letter issued by the 1st Opposite Party to the Complainant |
Ex.A34 | - | Statement of accounts issued by 1st Opposite Party |
Ex.A35 | 30.01.2015 | Legal notice issued to both the Opposite Parties |
Ex.A36 | 06.02.2015 | Acknowledgement card towards the receipt of legal notice by the 1st Opposite Party |
Ex.A37 | 06.02.2015 | Acknowledgement card towards the receipt of legal notice by the 2nd Opposite Party |
List of documents filed on the side of the Opposite Parties:-
NIL
S. NANDAGOPALAN T.R. SIVAKUMHAR B.JIJAA
MEMBER II MEMBER I PRESIDENT
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