In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087. CDF/Unit-I/Case No.48 / 2010. 1) M/s Learning Spiral Pvt. Ltd. 3A, Aukland Place, 5th Floor, P.S. Shakespeare Sarani, Kolkata-17. ---------- Complainant ---Versus--- 1) Union Bank of India, Chowringhee Road, (Camac Street) Branch, 1/1, Camac Street, Ground Floor, Kolkata-16, P.S. Park Street. 2) The Branch Manager, Union Bank of India, Jamshedpur Main Branch, Kamani Centre (1st Floor), Bistupur, Jamshedpur-831001. 3) ICICI Bank Ltd., Jamshedpur Branch, Jamshedpur. 4) Dolphin Couriers Pvt. Ltd., 26, Burtolla Street, Kolkata-700007. ---------- Opposite Parties Present : Sri Sankar Nath Das, President. Dr. Subir Kumar Chaudhuri, Member. Smt. Samiksha Bhattacharya, Member Order No. 25 Dated 11-06-2013. The case of the complainant in short is that complainant is maintaining a current account no.401601010519227 with o.p. no.1. On or about 7.11.09 the complainant had couriered a cheque through o.p. no.4 in favour of one supplier M/s Jai Printers of Raipur, for sum of Rs.28,388/-. Aforesaid cheque was drawn under a multicity cheque leaf issued by o.p. no.1 being cheque no.103042 dt.5.11.09. O.p. no.4 duly accepted the aforesaid consignment vide consignment note no.4277 dt.7.11.09 from their office at 26, Burtolla Street, Kolkata-7.Aforesaid consignment was booked in the name of M/s. Salasar Steel & Power Ltd. one of the sister concern of the complainant, at Raipur. That the understanding was that said sister concern of the complainant shall deliver the said cheque to the said ultimate beneficiary viz. M/s Jai Printers of Raipur. On or about 25.11.09 when the complainant was going through their banking statement of account held with o.p. no.1, they surprisingly found that the aforesaid cheque was encashed by one Tapan Kumar of Jamshedpur. Again by letter dt.27.11.09 the complainant wanted to know the whereabouts the said cheque. O.p. no.2 by letter dt.27.11.09 first time disclosed, that aforesaid cheque was presented for clearing by o.p. no.3 e.g. ICICI Bank, Jamshedpur, on 18.11.09. An enquiry made with the men of the o.p. no.4 the complainant came to know that on or about 11.11.09, a bunch of postal packets were found not available, at their Raipur office which include the postal packet containing said cheque of the complainant. Complainant states that no bank can pass any cheque when there is change in amount. Moreover in the present case, the name of the recipient of that cheque was also changed, signatures were forged and there was no rubber stamp of the complainant, besides the each purported modifications in the said cheque. Complainant vide the ld. advocate on record’s letter dt.2.12.09 demanded the aforesaid misappropriated amount from the o.ps. herein but they have refused to make good of such misappropriated amount of Rs.90,000/-. On 15.1.10 the complainant received a letter from o.p. no.1 and trued to deny their liability stating interalia that they have acted in good faith and cleared the same as due course. O.p. no.3 deliberately allowed illegality to continue by not freezing the account of said Tapan Kumar Ghosh and also not furnishing the particulars of said account holder. They are hiding the main culprits who have misappropriated the said sum of Rs.90,000/-. Complainants states that due to such misappropriation, there remain no fund in the account in between 19.11.09 to 24.11.09. Thus two other cheques being no.103050 for sum of Rs.24,000/- and another cheque being no.122952 for sum of Rs.15,146.07 both drawn in favour of Odyssey Computer Services Pvt. Ltd. were dishonoured by o.p. no.1. Hence the case was filed by the complainant with the prayer contained in the petition of complaint. O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. Decision with reasons:- We have gone through the pleadings of the parties, evidence and documents in particular and find that complainant is maintaining a current account no.401601010519227 with o.p. no.1. On or about 7.11.09 the complainant had couriered a cheque through o.p. no.4 in favour of one supplier M/s Jai Printers of Raipur, for sum of Rs.28,388/-. Aforesaid cheque was drawn under a multicity cheque leaf issued by o.p. no.1 being cheque no.103042 dt.5.11.09. We further find that o.p. no.4 duly accepted the aforesaid consignment vide consignment note no.4277 dt.7.11.09 from their office at 26, Burtolla Street, Kolkata-7.Aforesaid consignment was booked in the name of M/s. Salasar Steel & Power Ltd. one of the sister concern of the complainant, at Raipur. That the understanding was that said sister concern of the complainant shall deliver the said cheque to the said ultimate beneficiary viz. M/s Jai Printers of Raipur. It is seen from the record that on or about 25.11.09 when the complainant was going through their banking statement of account held with o.p. no.1, they surprisingly found that the aforesaid cheque was encashed by one Tapan Kumar of Jamshedpur. Again by letter dt.27.11.09 the complainant wanted to know the whereabouts the said cheque. O.p. no.2 by letter dt.27.11.09 first time disclosed, that aforesaid cheque was presented for clearing by o.p. no.3 e.g. ICICI Bank, Jamshedpur, on 18.11.09. And an enquiry made with the men of the o.p. no.4 the complainant came to know that on or about 11.11.09, a bunch of postal packets were found not available, at their Raipur office which include the postal packet containing said cheque of the complainant. Further case of the complainant is that no bank can pass any cheque when there is change in amount. Moreover in the present case, the name of the recipient of that cheque was also changed, signatures were forged and there was no rubber stamp of the complainant, besides the each purported modifications in the said cheque. Complainant vide the ld. advocate on record’s letter dt.2.12.09 demanded the aforesaid misappropriated amount from the o.ps. herein but they have refused to make good of such misappropriated amount of Rs.90,000/-. It transpires from the record that on 15.1.10 the complainant received a letter from o.p. no.1 and trued to deny their liability stating interalia that they have acted in good faith and cleared the same in due course. O.p. no.3 deliberately allowed illegality to continue by not freezing the account of said Tapan Kumar Ghosh and also not furnishing the particulars of said account holder. They are hiding the main culprits who have misappropriated the said sum of Rs.90,000/-. It also transpires that due to such misappropriation, there remain no fund in the account in between 19.11.09 and 24.11.09. Thus two other cheques being no.103050 for sum of Rs.24,000/- and another cheque being no.122952 for sum of Rs.15,146.07 both drawn in favour of Odyssey Computer Services Pvt. Ltd. were dishonoured by o.p. no.1. In view of the findings above and on perusal of the entire materials on record we find that o.ps. had sufficient deficiency in service being service providers to their consumer / complainant and complainant is entitled to relief. Hence, ordered, That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to pay Rs.90,000/- (Rupees ninety thousand) only towards principal amount to the complainant and are further directed to pay compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization. Supply certified copy of this order to the parties free of cost. | 
