West Bengal

Paschim Midnapore

CC/5/2018

Rabi Gope - Complainant(s)

Versus

The Senior Masnager, Indian Overseas Bank - Opp.Party(s)

Sudipta Chatterjee

22 Jun 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                                 

Pulak Kumar Singha, Member.

And

Sagarika Sarkar,Member. 

 

Complaint Case No.05/2018.

                                  Rabi Gope S/0-Late Madhusudan Gope of Khaprel Bazar,

                                        P.O.Midnapore,P.S.Kotwali,Dist.Paschim Medinipur.

                                        …..……Complainant.

                                                                                                              Vs.

                                The Senior Manager,Indian Overseas Bank,Midnapore Branch at

                               Golkua Chak,P.O.Midnapore,P.S.Kotwali,Dist.Paschim Medinipur.                                                                                                                                                                                                                                                                              ………O.P.

              For the Complainant: Mr.Sudipta Chatterjee, Advocate.

              For the O.P.           : Mr.Ashok Kumar Pal, Advocate.

                                                  

                                                      

                                                                            Date of filing:-08/01/2018

                            Decided on: - 22/06/2018

                               

In short the case of the complainant is that complainant has a Savings Bank Account with the o.p.-Bank bearing A/C No.056701000008779. Complainant on 25.01.2017  deposited in his said account a cheque of Rs.75,750/- of Bangiya Gramin Vikash Bank for clearance of the cheque. On 13.11.17 while complainant went o.p.Bank to withdraw Rs.30,000/- then o.p. did not allow him to withdraw the said amount. Thereafter complainant again on 18.11.17  went to o.p. Bank to withdraw some amount from his account then o.p.disclosed that they blocked the petitioner’s account. Thereafter o.p. without intimation deducted Rs.75,750/- from S.B.account of petitioner on 05.12.2017  and subsequently o.p. send a cheque of Rs.75,750/- vide cheque no.181950/- dt.24.01.2017 which was issued by Sandip Banerjee in favour of petitioner. Complainant lodged complaint before o.p. and

                                                                                                                                                             Contd……P/(2).

 

                                                                                                 -2-

 

subsequently sent legal notice but o.p. did not take any step. Due to negligence of o.p. the said cheque became invalid and o.p.is deficient in service. Complainant approached   before this Forum for getting redressal as per prayer of his complaint.

         O.P.contested the case by filing written objection denying the allegations,stating inter alia, that this case is not maintainable. O.P.placed the cheque for encashment as per Banking procedure but said cheque amount had  to be shown in the complainant’s account under shadow balance, as the said cheque was not encashed,so,o.p.blocked the account of complainant as per norms of the Bank. O.P.has no deficiency in service. O.P.prays for dismissal of the complaint.

                                             Decision with Reasons.

          

         We carefully perused the complaint,written objection,evidence and documents and also consider the argument by both sides. Fact of the case that on 25.01.2017 complainant deposited a cheque being No.181950 dt.24.01.17 of Rs.75,750/- of Bangiya Gramin Vikash Bank in favour of complainant to his savings account in O.P.Bank on 25.01.2017. But said cheque was not encashed and returned to the complainant after long gap. O.P. submits that cheque in question was placed for encashment as per Bank’s procedure but said cheque amount shows shadow balance in the petitioner’s account.

         Complainant to prove his case files examination in chief with some documents and tendered himself as witness in evidence as P.W.1 and he also cross examined by o.p.-Complainant adduced another witness Mr.Suday Khan,Branch Manager of B.G.V.Bank as P.W.2,who also submitted Bank statement which marked as (exibit-8). P.W.2 also cross examined by o.p. O.P.also adduced evidence by filing examination in chief of one Arun Kumar Nayak, employee of o.p. who tendered himself as witness in evidence and produced complainant’s account of statement which marked as (exhibit-B). Said witness was cross examined by complainant.

         We find from the case record,evidence and documents that complainant received one cheque of Rs.75,750/- vide Cheque No.181950 dt.24.01.2017 of  Bangiya Gramin Vikash Bank issued in favour of complainant. Complainant deposited the said cheque to his S.B.account in o.p.Bank on 25.01.2017. On 13.11.17 complainant went o.p.Bank to withdraw Rs.30,000/- from his account but o.p.did not allow him to withdraw any amount and complainant again went on 18.11.17 at o.p.Bank to withdraw some money from his S.B.account but he came to learn that his account has been blocked by o.p. Complainant on several times requested the o.p. to take step for solving the problem but o.p.did not pay heed. Lastly on 09.12.2017 o.p.Bank returned the cheque in question to the complainant with a note To wrongly regularized B.G.V.B.cheque presented CTS clearing on 25.01.17

                                                                                                                                                             Contd…..P/(3).

 

                                                                                                    -3-

but actually rejected, now reversed 181950 of Rs.75,750/- dt.05.12.17. From the evidence

of P.W.2 Branch Manager of B.G.V.B.,that in the statement of account of Sandip Banerjee such cheque of Rs.75,750/- issued in favour of complainant never sent our bank and he also stated in his evidence that “if o.p.sent any scan copy of cheque through CTS system for collection and if it is not collected then said matter will also be reflected in the statement of account. Bank Statement of drawer Bank shows that Sandip Banerjee  who issued the cheque on 24.01.17 was sufficient balance from 09.01.17 to 07.03.17 but in the statement there is no reflection of debit of Rs.75,750/- in c/w said cheque. From (exibit-B) statement of account of complainant it reveals that on 06.01.17 the cheque amount Rs.75,750/- was deposited in the complainant’s account as clearing and on the same day o.p.debited Rs.75,750/- from S.B.account with coment “181950/BGVB RET”. In the said statement shows that, on 10.01.17 Rs.75,750/- was deposited by Sandip Banerjee in S.B.account but on 10.01.17 further shows that said amount debited with notes that To CLG CHQ RTRN. Again shows in the statement that on 30.01.2017 cheque amount of Rs.75,750/- was deposited in S.B.account of complainant with notes that  BY CLG ZN CMAIN and after deposit S.B.account balance shows Rs.3,59,982/- as on 30.01.17. Subsequently after long period of deducted Rs.75,750/- on 05.12.2017 with notes that To wrongly CRED where complainant’s account balance was Rs.75,917/- and after debiting the said amount balance shows only Rs.167/-.

                  We find from the both Bank Statements and it reveals that after issuing the cheque of Rs.75,750/- in the account of drawer Bank had sufficient balance from 09.01.17 to 07.3.17 and o.p. Bank Statements shows amount of Rs.75,750/- on several times deposited and withdrawals in the S.B. account of complainant which not a single date reflected in the drawer Bank account. While complainant was restrained to withdraw amount from his S.B.account on 13.11.17 and subsequently blocked the account which complainant came to learn on 18.11.17 when he went o.p.Bank for withdrawal. Complainant himself and through his lawyer on several dates requested the o.p. to credit the cheque amount in S.B.account but o.p.did not give any reply. P.W.2 Bank Manager stated in his evidence that cheque in question was valid for three (3) months, and issued cheque was sufficient balance within that period . O.P. admits in their returned cheque memo dated-05.12.17 that due to wrongly regularized BGVB cheque presented in CTS clearing on 25.01.17. On 25.01.17 to 25.03.17(three months) validity of cheque period o.p.ought to have rectified the problem of the clearing system and should take positive measures for clearing the cheque in that time  but o.p.did not adduce any evidence in that respect or returned the cheque to the complainant within the validity period or gave any intimation to the complainant rather without the permission of complainant o.p. blocked

                                                                                                                                         Contd……P(4).

 

                                                                                               -4-

 the S.B.account of complainant for transaction. O.P.has failed to prove that o.p.placed the cheque in question to the drawer Bank for clearing the same or gave any intimation to

drawer Bank that such cheque of Rs.75,750/-  or BGVB is not clearing under the process     of Banking norms or o.p. took any positive measures for clearing the cheque for about eleven(11) months or returned the cheque within validity period to the complainant.

      In view of the discussions hereinabove we find that o.p. Bank was negligent , deficient in service for which complainant has been suffering mental pain, harassment and financial loss as such complainant is entitled to get an order as per prayer of complaint.

                                    Thus complaint case is succeeds.

                                                Hence, it is,

                                                                   ORDERED

                                                  that the complaint case be and the same is allowed on contest against o.p. with cost.

                    O.P.is directed to pay Rs.75,750/- with 9% interest from 25.01.2017, to pay Rs.10,000/- compensation for  harassment, mental pain and to pay Rs.2000/- as litigation cost to the complainant within one month from the date of order.

                    Failure to comply this order o.p.shall be liable to pay Rs.2000/- per month as penal cost to be paid to the Legal Aid Fund or this Forum till date of realization.

                    Complainant also directed to returned back the cheque of Rs.75,750/- being No.181950   dt.-24.01.2017 to o.p. if required by them.  

                                    Let plain copy of this order be given to the parties free of cost.

                 Dictated & corrected by me                 

                                   

                                    Member.                                                          Member.