BEFORE THE MANDYA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANDYA PRESENT: 1. SIDDEGOWDA, B.Sc., LLB., President, 2. M.N.MANOHARA, B.A.,LLB., Member, 3. A.P.MAHADEVAMMA, B.Sc., LLB., Member, ORDER Complaint No.MDF/C.C.No.148/2009 Order dated this the 12th day of April 2010 COMPLAINANT/S Sri.Shivalingaiah (Dead by L.Rs) S/o Thippegowda, a) Jayalakshmamma W/o late Shivalingaiah b) Chidananda.S. S/o Late Shivalingaiah c) P.S.Bhaskar S/o Late Shivalingaiah d) P.S.Divyananda S/o Late Shivalingaiah Both are R/at D.No.4957, 3rd Cross, Chikkegowdanadoddi Village, Mandya Taluk. (By Sri.K.M.Basavaraju (Kundur)., Advocate) -Vs- OPPOSITE PARTY/S The Manager, The Mandya City Co-operative Bank Ltd., Mandya. (By Sri.C.Chikkaraju., Advocate) Date of complaint 04.12.2009 Date of service of notice to Opposite party 22.12.2009 Date of order 15.04.2010 Total Period 3 Months 23 Days Result The complaint is allowed, directing the Opposite party to pay Rs.6,383/- with interest at 6% p.a. from 27.12.2006 till payment with compensation of Rs.2,000/- and cost of Rs.500/- to the Complainant. Sri.Siddegowda, President 1. This complaint is filed under section 12 of the Consumer Protection Act, 1986 against the Opposite party Bank claiming Rs.6,383/- with interest and compensation of Rs.5,000/-. 2. The case of the Complainant is that the Complainant is a customer of the Opposite party Bank having S.B. Account. On 27.12.2006, the Complainant has presented the cheque bearing No.843020 of Bank of India, Mandya Branch for Rs.6,383/- for collection of the amount. The Opposite party Bank has issued the challen. When the Complainant enquired about the cheque amount, the officials of the said Bank told that the amount will be credited as it was collected from the Bank. But, the amount was not at all credited to the account of the Complainant. Again, when the Complainant enquired, the Opposite party Bank requested to wait for sometime, promising the Complainant that the cheque was not yet returned. The Complainant noticing the act of the Opposite party suspected the attitude of the Bank Officials and gave a representation on 15.07.2008. The Opposite party Bank sent reply directing him to approach with documents for verification. But, the Opposite party Bank has not at all settled the amount of the cheque to the account of the Complainant. So, the Complainant got issued a legal notice on 02.11.2009, there was no reply. The act of the Opposite party clearly shows the deficiency in service and dereliction of duty. Due to deficiency in service, the Complainant suffered mentally and the Opposite party Bank is liable to pay compensation. On these grounds, the complaint is filed. 3. The Opposite party has filed version admitting that the Complainant is a customer having S.B. Account, but disputed the allegations of presentation of the cheque and approach of the Complainant and other allegations and deficiency in service. The Opposite party is not liable to pay the cheque amount, since the cheque was not presented and the amount is not realized and Opposite party has not committed any deficiency in service. The Opposite party bank has obtained Bankers Blanket Policy from United India Insurance Company valid from 01.04.2009 to 31.03.2010 and if the Forum comes to the conclusion that the Complainant is entitled for the amount claimed, the Insurance Company may be directed to indemnify claim. On these grounds, the Opposite party has sought for dismissal of the complaint. 4. During pendency of the complaint, the Complainant died and his L.Rs brought on record. 5. During trial, 1st L.Rs of the Complainant is examined and has produced Ex.C.1 to C.5. The Opposite party is examined and has produced Ex.R.1 and R.2. 6. We have heard the counsel for the Complainant and Opposite party and counsel are absent at the time of hearing. 7. We have perused the records. 8. Now the points that arise for our considerations are:- 1. Whether the Complainant presented the cheque of Bank of India for Rs.6,383/- for collection of the Opposite party Bank? 2. Whether the Opposite party has committed deficiency in service? 3. Whether the Complainant is entitled to the amount claimed? 4. What order? 9. Our findings and reasons are as here under:- 10. POINTS NO.1 & 2:- The undisputed fact is that the Complainant is a consumer of the Opposite party Bank having S.B. Account in view of the pass book Ex.C.1 issued by the Opposite party. 11. The grievance of the Complainant is that on 27.12.2006 he presented the cheque of Bank of India, Mandya Branch for Rs.6,383/- for collection with Opposite party Bank and the Opposite party Bank Officials have issued the challan, but the amount was not at all credited to his account though he enquired several times, there was no compliance and suspecting the act of the Opposite party Bank Officials, he gave representation on 15.07.2008 and Opposite party issued the letter on 25.08.2008 to produce the document and accordingly, he produced the documents. But, Opposite party has not at all settled the amount. In the version, the Opposite party has denied the presentation of the cheque by the Complainant and realization of the cheque amount from the concerned bank. It is an admitted fact that the Complainant has given a letter Ex.C.2 on 15.07.2008 complaining about the non-crediting the cheque amount and Opposite party has issued a letter Ex.C.3 on 19.08.2008 to produce the documents. The Opposite party in his evidence has admitted that the Complainant has produced the documents. Further, the Complainant has produced Ex.C.4 the challen dated 27.12.2006 and this reveals that the Complainant presented the cheque for Rs.6,383/- and the Opposite party in his evidence has admitted this challan. Though, in the version, the presentation of the cheque is disputed. But, in the affidavit of Opposite party, it is admitted that the Complainant presented the cheque bearing No.843020 of Bank of India, Mandya Branch for Rs.6,383/- for collection of the cheque amount and Opposite party Bank Officials have endorsed on the challen and Complainant enquired about the collection of the amount. In such a situation what happened to cheque is not at all explained by the Opposite party. If the amount was not realized from the concerned bank after sending the cheque by the Opposite party, the cheque should have been returned to the Opposite party Bank with reasons for non-encashment of the cheque. The Opposite party has admitted in his evidence that in spite of the letter of the Complainant they have not at all written any letter to the Indian Bank to enquire about the cheque amount. Under these circumstances, the Opposite party has committed deficiency in service in not enquiring as to what happened to the cheque and whether cheque was sent for collection to the India Bank and what happened to the cheque if sent. There is something fishy about the transaction of the cheque and Opposite party has not at all made any enquiry as to what happened to the cheque and whether staff of the bank misused it or not. Even for the legal notice admittedly there is no reply at all and under these circumstances, the documents undisputed and evidence and admission of Opposite party clearly established that the Complainant has presented the cheque for Rs.6,383/- for collection to the Opposite party Bank and the said amount was not at all credited to the S.B. Account of the Complainant and hence, the Opposite party has committed deficiency in service. Therefore, we answer point no.1 & 2 in the affirmative. 12. POINTS NO.3 & 4:- The Complainant has prayed cheque amount of Rs.6,383/- with interest at 24% p.a. and also compensation of Rs.5,000/-. In view of our findings on point no.1 & 2, the Complainant is entitled to Rs.6,383/- with interest, but not at 24% for S.B. Account, the maximum interest provided would be 6% p.a. Therefore, the Complainant is entitled to interest at 6% p.a. from the date of presentation from 27.12.2006. Further, the Opposite party is also liable to pay compensation of Rs.2,000/- for deficiency in service in causing mental agony to the Complainant. 13. Though, the Opposite party has contended that the Opposite party Bank has obtained Bankers Blanket Insurance from the United Insurance Company and produced the policy Ex.R.2 valid from 31.03.2006, but admittedly this contract is between the Opposite party and the Insurance Company. It is not a third party risk insurance policy. It is open to the Opposite party Bank to claim the awarded amount from the insurance company and this Forum cannot direct the insurance Company to pay the amount awarded in this case as grounds are to be proved by Opposite party to claim insurance against Insurance Company. 14. In the result, we proceed to pass the following order; ORDER The complaint is allowed, directing the Opposite party to pay Rs.6,383/- with interest at 6% p.a. from 27.12.2006 till payment with compensation of Rs.2,000/- and cost of Rs.500/- to the Complainant. (Dictated to the Stenographer, transcribed, corrected and then pronounced in the open Forum this the 15th day of April 2010). (PRESIDENT) (MEMBER) (MEMBER)
