Appeal No.1865/08


Bank of Baroda,Station Road Branch,Jaipur V. Kedar Nath Sharma


Before:

Mr.Justice Sunil Kumar Garg-President

Mrs.Vimla Sethiya-Member


Shri Rajendra Salecha,counsel for the appellant

Shri J.P.Gupta,counsel for the respondent




Date of Judgement: 15.7.09



BY THE STATE COMMISSION


This appeal has been filed by the appellant bank which was op before the District Forum-I,Jaipur against the order dated 15.9.08 passed by the District Forum-I,Jaipur in complaint no.342/07,by which the complaint of the complainant respondent was allowed against the appellant bank in the manner that the appellant bank was directed to pay Rs.113+225/- = Rs.338/- with interest @ 8% p.a wef 7.2.07 and further to pay Rs.10,000/- as amount of compensation for mental agony and Rs.2000/- as amount of cost of litigation and if the above amount ws not paid within one month,the rate of interest charged would be 12% p.a in place of 8% p.a


It arises in the following circumstances:


That the complainant respondent had filed a complaint against the appellant bank before the District Forum-I,Jaipur on

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17.3.05 interalia stating that the complainant respondent was having a saving bank account in the bank of the appellant bank bearing a/c no.10260100004340. It was further stated in the complaint that the complainant respondent had taken a loan from the ICICI bank,C.Scheme Branch,Jaipur and the monthly instalment of Rs.2871/- is being paid by the complainant respondent to the ICICI bank through Electronic Clearing System(referred to as ECS) and each instalment is paid on 7th of each month. It was further stated in the complaint that on 7.2.07,despite the balance being of Rs.8797/- in the SB a/c of the complainant respondent, the appellant bank had dishonoured the ECS of 2871/- on ground of insufficient fund and a sum of Rs.113/- were debited from the account of the complainant respondent though at the time in the account of the complainant respondent a sum of Rs.8797/- were there and a sum of Rs.225/- were charged for dishonouring the amount through ECS and for the deficiency the complaint was filed.


A reply was filed by the appellant bank on 21.5.07 before the District Forum-I,Jaipur admitting the fact that the complainant respondent was having a SB account in the bank of the appellant but for the purpose of considering the payment in respect of ECS,the balance of the opening day is to be considered and since on 7.2.07 the opening balance in the account was only Rs.2797/- and since the ECS received was for Rs.2871/-,the same could not be cleared/honoured by debiting the amount,therefore,there was no deficiency in service on the part of the appellant bank. It was further replied that so far as the question of credit of Rs.6000/- which were deposited by the complainant respondent on 7.2.07 in his account with the appellant bank through cheque,they could not credited in the account of the complainant respondent by the bank as the cheque was sent for clearance through the clearance house

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and such type of cheques are cleared on next day and,therefore,the amount of Rs.6000/- could not be considered to be available to the bank for considering the balance so as to enable the appellant bank to honour the ECS for a sum of Rs.2871/-. Hence no case complaint be dismissed.


The District Forum after hearing both the parties,through the impugned order dated 15.9.08 had allowed the complaint interalia holding that as per the statement given by the bank,the balance in the account of the complainant respondent on 7.2.07 was first shown as Rs.2797/- and that since a sum of Rs.6000/- were deposited by the complainant respondent through cheque, they were credited in the account of the complainaant respondent by the appellant bank on 7.2.07 and thus the balance was raised from Rs.2797/- to Rs.8797/- and since just after that entry,the ECS received for Rs.2871/- and after minusing that amount,the balance was shown as Rs.5926/- and thus when the amount of Rs.6000/- had been credited in the account of the complainant respondent, therefore,dishonouring the cheque of ECS was not justified at all.


Aggrieved from that order this appeal has been filed by the appellant bank.


In this appeal,the main contention of the learned counsel for the appellant bank is that no doubt,the cheque of Rs.6000/- was presented by the complainant respondent in the bank of the appellant on 7.2.07 and the same was credited in his account,but as per practice of the bank this amount should be taken to be credited on the next day and if on 7.2.07 the ECS was dishonoured no deficiency in service could be attributed and thus the findings

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recorded by the District Forum are erroneous one and be quashed and set aside and appeal be allowed.


On the other hand,the learned counsel for the complainant respondent has supported the impugned order.


We have heard the learned counsel for the parties and perused the record.


In our considered opinion,when as per the statement given by the bank itself the amount of Rs.6000/- had been credited by the appellant prior to ECS amount of Rs.2871/-,therefore,dishonouring the ECS for a sum of Rs.2871/- was not justified at all and it amount to deficiency in service on the part of the appellant bank and not only this,the appellant bank on 7.2.07 had credited Rs.6000/- in the account of the complainant respondent and thereafter ECS was considered.


When this being the poisition,the argumet of the learned counsel for the appellant bank could not be appreciated and we are in agreement with the findings recorded by the District Forum as they are based on correct appreciation of evidence on record and they do not suffer from any basic infirmity or illegality and they are liable to be confirmed one.


The District Forum had awarded interest @ 12% p.a if the above amount was not paid within one month.


In our considered opinion,the rate of interest charged would remain @ 6% p.a throughout and to that extent,the impugned order dated 15.9.08 passed by the District Forum-I,Jaipur deserves to be modified.


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For reasons as stated above,this appeal filed by the appellant bank is dismissed so far as the merits of the case is concerned. But on point of interest,it is held that the appellant bank would pay interest @ 6% p.a throughout and to that extent,the impugned order dated 15.9.08 passed by the District Forum-I,Jaipur is modified.




Member President