05/05/16

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

             This Appeal is directed against the judgment and order passed by Learned District Forum, Howrah in CC 449 of 2013 allowing the complaint and directing the OP No.1 to pay compensation of Rs.50,000/- and litigation cost of Rs.5,000/- within one month from the date of order failing which interest @ 10% p.a. shall accrue on the aforesaid amount till realisation. 

            The case of the Complainant/Respondent, in short, is that he appeared in the Indian School Certificate Examination (ISC Examination) in 2013 from St. Thomas Church School, Howrah.  The Complainant expected that he would score in the range of 85% to 95% in each and every subject.  On May 17, 2013 when ISC 2013 results were declared from the official website of Council for the Indian School Certificate Examination, it appeared that the Complainant had secured 92 marks in English, 96 marks in Hindi, 96 marks in Mathematics, 83 marks in Computer Science, 69 marks in Chemistry and 69 marks in Physics.  The Complainant enquired about the procedure for recheck of subject grades for the subject of Physics and Chemistry from the Council.  The Complainant came to know that Rs.800/- was the amount per subject and it was to be paid by a demand draft in favour of the Council within June 7, 2013.  The Complainant obtained a demand draft of Rs.1,600/- in favour of the Council for the Indian School Certificate Examination from the OP No.1 Bank and submitted the same to Council through St. Thomas Church School.  From letter dated June 6, 2013 which the St. Thomas Church School received from the Council on June 12, 2013, it appeared that the Council had returned the demand draft mentioning that the demand draft did not have any date of issue and such error was required to be rectified.  The Complainant received the said letter after June 7, 2013, but in the meantime the last date for recheck of the subjects had expired.  There was negligence on the part of the OP Bank in omitting to mention the date of issue of the demand draft.  For the issuance of the demand draft the OP Bank had charged a commission of Rs.45/-.  Under such circumstances, the complaint was filed before the Learned District Forum.

            The Learned Counsel for the Appellant Bank has submitted that the Bank had nothing to do with the letter issued by the St. Thomas Church School and the Council, Delhi.  It is contended that there was deficiency in service on the part of the School Authority in sending the delayed communication. 

            The Learned Counsel for the Respondent/Complainant has submitted that there was no date of issue in the demand draft and it was returned to the St. Thomas Church School and in turn it was sent back to the Complainant.  It is submitted that in the meantime the last date of submitting the demand draft for recheck of the subjects had expired.  It is submitted that the date of issue of demand draft is very material, in as much as, it was valid for three months from the date of issue.  It is submitted that the demand draft without mentioning the date of issue was not a valid instrument.  The Learned Counsel for the Respondent/Complainant has submitted that the Complainant submitted a letter to the Manager of the OP Bank on 18/06/13 mentioning that the demand draft did not bear the date of issue and under such circumstances, the Complainant requested the Manager to refund the amount of demand draft.  It is contended that vide Annexure-A, Page-61 the amount was returned to the Complainant. 

            The Learned Counsel for the Respondent No.2 Council for the Indian School Certificate Examination has submitted that the demand draft was not valid as it did not bear the date of issue and there was no deficiency in service on the part of the Council.  It is submitted that the Council is an autonomous body.  It is contended that as the demand draft did not bear the date of issue it was not submitted to the Bank for encashment. 

            We have heard the submission made by both sides and perused the papers on record.  It is submitted that the Council at Delhi by letter dated 06/06/13 returned the demand draft to the Principal, St. Thomas Church School mentioning that the demand draft did not bear the date of issue.  It was also requested therein that the demand draft might be returned to the Council after doing the needful and the last date of receiving formal application for recheck along with demand draft was June 7, 2013.  It was received by the St. Thomas Church School on 12/06/13.  On perusal of the photocopy of the demand draft which was sent to the St. Thomas Church School it is found that it did not bear any date of issue.  The Learned Counsel for the Appellant has drawn our attention to another photocopy of the demand draft at page 62 being the annexure to the Memo of Appeal contending that the date of issue was mentioned at the top.  We are unable to accept such contention of the Learned Counsel for the Appellant, in as much as, the handwritings at the top of the photocopy of the demand draft at page 62 are conspicuously absent at page 47 on the photocopy of the demand draft which was sent back by the Council.  Moreover, when the Complainant returned the demand draft to the OP Bank mentioning that it did not bear the date of issue, the Bank accepted such request and refunded the amount to the Complainant.  It goes to indicate that the Bank being satisfied about the non-mentioning of the date of issue accepted such application of the Complainant and refunded the amount. 

            Having heard both sides and on perusal of the papers on record, we are of the considered view that there was deficiency in service on the part of the OP Bank in not mentioning the date of issue on the demand draft for Rs.1.600/-.  The Learned District Forum awarded Rs.50,000/- as compensation and Rs.5,000/- as litigation cost.  Having regard to the amount of the Draft we are inclined to modify the impugned judgment and order as hereunder. 

            The Appeal is allowed in part.  The Appellant/OP No.1 Bank is directed to pay compensation of Rs.10,000/- and litigation cost of Rs.5,000/- to the Respondent/Complainant within 45 days from this date failing which simple interest @ 9% p.a. shall accrue from the date of default till realisation.  Other directions passed by the Learned District Forum are set aside.  The impugned judgment stands modified accordingly.