Orissa

Jharsuguda

CC/31/2020

Sri, Narottama Sahoo S/O-Rabindra Sahoo - Complainant(s)

Versus

Jyotimayee Sahu, Franchise of EDELWEISS BROKING LTD. - Opp.Party(s)

Self

02 Dec 2021

ORDER

IN THE COURT OF DISTRICT   CONSUMER DISPUTES REDRESSAL COMMISSION, JHARSUGUDA.

                                                          

C.C.NO-31/2020

Sri Narottam Sahu,

 S/O-Rabindra Sahu,

       At/PO/P.S-Belpahar,

       Dist : Jharsuguda,                                                                      ..……Complainants.

     

Versus

 

1.  Jyotirmayee Sahu,

Franchisee of Edelweiss Broking Ltd,

R/O- Gumadera Belpahar, P.O/P.S-Belpahar,

 

2.   EDELWEISS BROKING LTD,

801 Sarkari Ashram Road

Ahemedabad-380009.

 

3. Mr. Subash Behera,  Regional Manager/ AGM,

Mr. Chandan Mishra, Branch Manager,

S.B.I, Regional Office, Bhubaneswar.

 

4. Jitendra Pradhan, Chief Manager,

State Bank of India branch, Samada, Belpahar,

At/Po/Ps: Belpahar,

Dist: Jharsuguda.……..…………Opp. Parties.

 

            Counsel for the Parties:-

For the Complainant                       :-Self.            

For the Opp. Party No.1                 :-Sri P.R. Singhdeo, Adv. & Associates.

For the Opp. Party No.2                    :-None.

For the Opp. Party No.3 & 4             :- Sri R.K.Dash,Adv & Associates.

 

 Present:-     1. Shri  Dipak Kumar Mahapatra, President.

                        2. Smt. Anamika Nanda, Member (W).

 

Date of Hearing:- 03.11.2021, Date of Order: 02.12.2021

SRI DIPAK KUMAR MAHAPATRA, PRESIDENT:- Brief fact of the case is that, the  Complainant has a Stock Broking Account under the Broker O.P-2 who is the Edelweiss Broking Ltd. and the O.P-1 is the franchisee having office at Gumadera, Belpahar under Jharsuguda District. The Complainant has opened a DMAT account with O.P-2 linked Complainant’s S.B Account No-10707967448 at SBI Samada Branch, Belpahar, Jharsuguda. The Complainant has closed his account on dtd.15/07/2019. The Complainant has forgotten the matter that his account has been linked with the O.P-2 and after closure of the account he did not informed the matter to the O.P-2. In the month of December 2019 when the Complainant wanted to make a transaction with the O.P-2 they denied as there was insufficient funds in the account of the Complainant to make any transaction.  On inspection it was found that there was a pay out of Rs. 54239.84 on dtd. 28.06.2019 in shape of cheque No-095957 due to zero wishing policy of SBI. The O.P-1 informed the Complainant that due to non submission of KYC documents the payment was made through cheque. The above said cheque was cleared on dtd. 18.07.2019 just 3(three) days after account closure of the Complainant.  The Complainant reached to the O.P-4 and enquire the matter and availed an account statement upto the closure of the account till dtd.15.07.2019 and as the account was closed and the Complainant was no more a Consumer of O.P-4 hence he (O.P-4) denied to provide further information to him and suggested to make contact with the O.P-2. But the O.P-4 cleared that as the cheque was cleared from their concerned, he has nothing to discuss with the O.P-4 on this matter. The O.P-4 shown account statements to the Complainant that the amount has been debited from their account through cheque and assume that the amount maybe lie as suspense account with the O.P-4. The Complainant has alleged that the O.P-4 has misbehave the Complainant when he repeatedly visited the bank of O.P-4. Due to COVID pandemic during the year2020 the Complainant got delayed for the communication made with the O.P-2.  The Complainant made contact with the RBI Ombudsman but the complain was rejected by with a remark “O.P-4 is not in our control” Thereafter the issue was placed before the AGM(O.P-3) and a call from the O.P-4 was received by the Complainant to provide certain documents viz. copy of cheque, cheque deposit slip, branch name etc. to the O.P-4 and submitted accordingly. After inquiry the O.P-4 confirmed that the cheque has been deposited in SBI, Bhubaneswar Branch. The Complainant has followed up with the both the O.P-3 & 4 but no response was made to him.  The Complainant brought this matter to the notice of the Chairman, SBI, India to interfere in this matter and then only it was informed that the cheque was already converted into Bankers Cheque and is lying with Bhubaneswar Main Branch.  The O.P-3 given clarification that the Complainant has deposited the cheque in the cheque collection machine and did not provide is contact details and details of  cheque deposit slip.  When the said submitted for clearance it was found that the account of the complainant has already been closed. The SBI Bhubaneswar branch accepted the cheque after closing of account was out of Rule of SBI and the said cheque was converted to Bakers cheque.  The SBI Bhubaneswar never communicated this matter either to the Complainant or to the O.P-4. The O.P-3 accepted that there was communication gap and offered the amount with interest for the entire period to settle the matter. But the Complainant avoided the offer and prepared for filling a case in consumer court.

            The O.P-3 stated that the relation between the O.P-3 and the Complainant was as a Banker and a Consumer only up to existing account i.e on dtd. 15.07.2019 and thereafter there is no relation exists between them hence no disputes arises between them. TheO.P-3 came to know about the closure of the account of the Complainant bearing account no- 10707967448 maintaining with Samada Branch Belpahar, Jarsuguda, when the cheque bearing no- 095957 dts. 28.06.2019 amounting to Rs 54239.84 was required to be credited. The said cheque was submitted by one Rabindra Maharana of Edelweiss Broking limited and when the amount was required to credit in the account, is found that the account was already closed.  AS the contact details of the Complainant was not available with the O.P_3, the O.P-3 made contact the depositor on his mobile no-9090389815/ 9861150406 mentioned in the cheque but failed to contact. Thereafter the said account was kept in shape of Bankers Cheque.  Bearing no-476577599 dtd.19.07.2019 which was cancelled and reissued on dtd.24.07.2019 vide no- 521479610. It was the obligation of the O.P-2 to inform about the deposit of cheque and its status. Again it is added that as the account was closed as per the will of the Complainant, he should have informed the matter to the O.P-2. AS the account was linked with DEMAT account with the O.P-2 the O.P-3 has tried of his best to make contact with the O.P-2 as per contact details on the cheque, but failed. So the O.P-3 has not committed any deficiency in service.

As per the O.P-4 the Complainant has closed his account on dtd. 15.07.2019 and receive the entire amount  with interest i.e Rs. 15.07.2019 by executing account closing form on his own will. The brother of Complainant introduced himself and enquire about the clearance of the cheques and the O.P-4 told him that his brother is no more a customer of his (O.P-4)Bank and he is not liable provide any information regarding this matter. The Complainant has never visited the Bank after closure of account on dtd. 15.07.2019.   The O.P-4 has provided some information regarding the deposit of cheque at SBI Bhubaneswar Branch but never deposited with O.P-4 in any point of time.  Again he added that as per banking norms and guidelines, Bank is not bound to provide information of any other account after closure of account and the O.P-4 have never received any amount through

                                                                                                                                             

NEFT or Transfer of Cheque in Complainant account. Hence he has not committed any deficiency in services.

The O.P-1, 2 & 3 despite of service of notice they did not bother to appear before this Commission thus challenging the allegations made by the Complainant. So taking it in to consideration as “IT IS A YEAR OLD CASE”, this Commission has rightly decided to dispose the case as well setting the O.P-1, 2 & 3 as ex-parte in this case. Hence hearing conducted exparte under Rule-6 of Order-9 of Civil Procedure Code.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

 

From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has an account with the O.P-1 & 2 as he is involved in making transaction with them. But after closure of the account with the Bank (O.P-3 & O.P-4) the Complainant is no more exists as a Consumer of the O.P-3 & 4. Hence they are not liable for any deficiency, harassment financial loss occurred to the Complainant after the period of Banker-Customer relation.  The O.P-2 has submitted the cheque on dtd. 18.07.2019 when the account has already been closed. Again the Cheque was deposited through Cheque Deposit Machine hence there was no scope for the O.P-3 & 4 to deny the person to receive the said Cheque. Still the cheque was accepted by SBI Bhubaneswar Branch and thereafter they made a contact to the O.P-2 but failed as the mobile numbers provided were not approachable. Hence the amount was converted to Bankers’ Cheque. Further it is the duty of the Complainant to inform the matter of closure of account to the O.P-1 & 2 as well.  The O.P-3 & 4 are not responsible for the above deficiency as the relationship of the bank (service provider) and the customer did not exist between the parties on the date of presentation of the cheques. No consideration, fee or charges were paid by the complainant to the opposite party bank in any manner and no service was provided by the opposite party bank to the complainant. Therefore, the complainant is neither the customer nor the consumer of the opposite party bank. The matter has been well settled in the case of “Coastal Projects Pvt. Ltd. vs State Bank of India on 26 December, 2014 by State Consumer Disputes Redressal Commission, Uttarakhand, Dehradun”. Hence we order as under:-

                                                                                                                                                 

ORDER

The Complaint petition is partially allowed. The O.P-3 & 4 are directed to release the amount of Rs. 54,239.84 with interest @ 9% per annum from the date of receipt of the said cheque i.e dtd. 18.07.2019 until realization in favor of the Complainant. All the above orders are to be carried out within 30 (Thirty) days of receiving of this order, failing which, the complainant is at liberty to proceed in due process of law. No order as to compensation and costs.

Order pronounced in the open court today i.e, on 2^nd day of December-2021 under my hand and seal of this Commission.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

 

                                      I agree,                                                                                             

 

                                 MEMBER (W)                                                     PRESIDENT.

                                                 

                                             Dictated and Corrected

                                                                                           By me.

 

                                      PRESIDENT