CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA STATE





FIRST APPEAL NO.576/2008 Date of Filing:- 15/04/2008

IN CONSUMER COMPLAINT NO. 560-A/2006 Date of Order:- 25/03/2009

DISTRICT CONSUMER FORUM, THANE





1) Bank Manger,

State Bank of India,

Murbad Road,

Kalyan (West)



2) General Manger,

State Bank of India,

Main Branch, Horniman Circle,

Mumbai Samachar Marg,

Mumbai-400 001 ... Appellants (Org. Opponents)

-Versus –



Shri Shivaji Digambarrao Borade,

R/at Saraswati Niwas,

Opp.Kangaon Police Chowki,

Devicha Pada, Kongaon,

Taluka-Bhiwandi,

District-Thane ... Respondent (Org. Complainant)





Corum :- Mr.P.N.Kashalkar, Hon’ble Presiding Judicial Member,

Smt.S.P.Lale, Hon’ble Member.



Present :- Mr.S.Hussain, Adv. for the Appellants.

Mrs.S.R.Kolambkar, Adv. for the Respondent.



O R A L O R D E R



Per Mr.P.N.Kashalkar,Hon’ble Presiding Judicial Member

1) Being aggrieved by the judgment and award passed by District Consumer Forum, Thane in Consumer Complaint No.560A/2006 dated 3/3/2008 whereby, while allowing the complaint, the Forum below directed O.P./S.B.I. to pay sum of Rs.28,000/- with interest at the rate of 8% per annum from 4/3/2006 till actual realization and also directed to pay sum of Rs.5,000/- towards mental agony and Rs.1,000/- towards cost, the original O.P./S.B.I. has filed this appeal.



2) Facts to the extent material may be stated as under :



3) The complainant Shri Shivaji Borade, was having saving bank account in S.B.I. Murbad Road, branch at Kalyan. He had given cheque of Rs.28,000/- in his branch on 4/3/2006 for encashment and credit in his saving bank account. The cheque was drawn on Matunga branch of Vijaya Bank. The cheque No.434907 was sent back by the Vijaya Bank Matunga brach to the S.B.I. on 9/3/2006 without encashment. The complainant could not collect the said cheque by personally going to the bank from Kalyan branch. Hence, the bank sent on 24/3/2006 the said cheque to the complainant’s address by speed post. The complainant did not receive the said cheque sent by post. It was sent back to the S.B.I. by the postal department on 28/3/2006. The complainant got this knowledge from the post office on 18/8/2006. Thereafter, many times the complainant approached the S.B.I. Kalyan branch for getting the said cheque back. He sent 5 to 6 reminders and demanded return of said cheque. But, the bank did not take cognizance nor did return the said cheque to the complainant. As such, the complainant filed consumer complaint and prayed for amount of Rs.28,000/- towards lost cheque and also claimed Rs.10,000/- as mental agony and Rs.50,000/- towards cost.



4) The O.P./bank filed written statement at Exh.6 and admitted most of the averments made by the complainant. According to the Bank, the dishonoured cheque was sent to the complainant by speed post on 23/3/2006 and it debited from the account of the complainant Rs.55/- towards postal charges. The bank pleaded that it was the duty of the complainant to take back the said cheque from the bank. He committed default and bank was not guilty of any kind of deficiency in service.



5) Both the parties filed affidavits and documents. Considering the same, the Forum below held that bank was guilty of deficiency in service in not returning the dishonoured cheque to the complainant. It therefore, allowed the complaint and passed impugned award as mentioned in the opening para of this judgment. As such, the bank has filed this appeal.



6) We heard submissions of Mr.S.Hussain, Adv. for the appellant and respondent in person also heard Mrs.S.R.Kolambkar, Adv. for the respondent.



7) We are finding that the dishonoured cheque sent by S.B.I. by speed post on 23/3/2006 had not reached the complainant. It was not delivered by the postal department to the complainant. On the other hand, the postal department informed the complainant since address of the complainant was correct they had sent speed post letter and cheque to the Bank. Postal department sent this information to the complainant under R.T.I. Act. When the postal department had returned the article containing cheque back to S.B.I. Kalyan branch it was the duty of S.B.I. Kalyan branch to return the cheque to the complainant. Since dishonoured cheque was not returned to the complainant, the complainant could not file prosecution against the drawer of the said cheque for dishonour of the said cheque and non receipt of the cheque amount. Since dishnoured cheque was lost by the bank itself the Forum below rightly allowed the complaint and directed the bank to pay cheque amount to the complainant. However, while allowing the complaint the forum below awarded interest at the rate of 8% per annum on the amount of Rs.28,000/- from 4/3/2006. This is appearing to be on higher side. We agree with the submission made by the Adv.Hussain in this behalf. So, we are inclined to give partial relief to the appellant bank by reducing the rate of interest from 8% to 4% from 4/3/2006. We are also inclined to do away with the penal interest additionally awarded by the Forum below. Hence, we pass following order.

O R D E R

1) Appeal is partly allowed.

2) In operative order under clause no.2 rate of interest be read as 4% instead of 8%.Penal interest portion stands deleted.



3) Amount of Rs.15,000/- deposited by the appellant be paid to the respondent towards part satisfaction of the award.



4) Copies of this order be sent to the parties free of cost.





( Smt.S.P.Lale ) (P.N.Kashalkar )

Member Presiding Judicial Member