Date of Filing – 22.09.2014
Date of Hearing – 11.01.2017
PER HON’BLE MR. SAMARESH PRASAD CHOWDHURY, PRESIDING MEMBER
The assail in this appeal under Section 15 of the Consumer Protection Act, 1986 (for brevity, ‘the Act’) is to the Final Order dated 31.01.2014 made by the District Consumer Disputes Redressal Forum, Coochbehar (in short, Ld. District Forum) is at the behest of the Opposite Party in Consumer Complaint No. 72/2013. By its order, the Ld. District Forum allowed the consumer complaint with certain directions upon the Appellant to refund Rs.5,079/-, to pay compensation of Rs.10,000/-, to pay Rs.3,000/- for loss of work and Rs.2,000/- as litigation cost within 30 days from the date of receipt of order, failing which the Appellant shall pay a cost of Rs.50/- for each day’s delay.
The Respondent herein being Complainant lodged the complaint asserting that he received a cheque being No.944247 dated 12.02.2013 on 27.04.2013, drawn on ICICI Bank, Coochbehar Branch in respect of his medicalim policy and deposited the same with his banker at State Bank of India (SBI), Dinhata Branch on 29.04.2013 for crediting the amount of Rs.5,079/- in his savings bank account No.11262698775. The validity of the cheque was upto 12.05.2013. However, on 24.05.2013 the SBI, Dinhata Branch informed him that the validity period of the cheque has expired and the bank asked him to take the cheque back. Hence, the Respondent approached the Ld. District Forum with prayer for certain reliefs, viz- (a) refund of amount of cheque of Rs.5,079/-; (b) Rs.3,000/- for loss of work; (c) Rs.2,000/- as litigation cost and (d) Rs.20,000/- as compensation.
The Appellant being OP by filing a written version admitted the factum of deposit of cheque by the OP on 29.04.2013. However, the said cheque was sent for clearance through registered post on 07.05.2013 due to huge working pressure of the bank and in this regard, the OP had no negligence in clearing the cheque.
The parties led the evidence through affidavit. They have also relied upon some documentary evidence.
After assessing the materials on record, the Ld. District Forum by the impugned order allowed the consumer complaint with several directions upon the OP, as indicated above, which prompted the OP to approach this Commission with the present appeal.
We have heard Ms. Debolina Lahiri, Ld. Advocate for the Appellant as well as Mr. Subhasis Mishra, Ld. Advocate for the Respondent. We have also scrutinised the materials on record.
Having heard the Ld. Advocates appearing for the parties and on going through the materials on record, it would reveal that the Respondent received a cheque being No.944247 dated 12.02.2013 on 27.04.2013, drawn on ICICI Bank, Coochbehar Branch in respect of his mediclaim policy. Immediately, on 29.04.2013, the Respondent deposited the same with his banker at SBI, Dinhata Branch for credit of the same amount of mediclaim policy of Rs.5,079/- in his Savings Account being No.11262698775. The validity of the said cheque was upto 12.05.2013. however, on 28.05.2013 the SBI, Dinhata Branch informed the Respondent that the cheque in question has expired.
In their written version, the Appellant has tried their level best to impress that at the relevant time due to the busy schedule of transactions, they could not send the cheque for clearance and ultimately, on 07.05.2013 they sent the cheque through registered post for clearance. This clearly shows deficiency on the part of the Appellant because the Appellant/Bank did not take any step in sending the cheque for clearance even after 2-3 days from the date of receipt of the same. The explanation given by the Bank in their written version is not credit-worthy. Ld. Advocate for the Respondent referring a decision of the Hon’ble National Consumer Commission reported in (2014) CJ 714 (Bashisth Narayan Singh- vs. – Ram Sewak Prasad) has rightly pointed out that banking service cannot be deficient for any reason because it cannot be accepted that due to lack of resources inordinate delays should take place in banking functions.
Ld. Advocate for the Appellant/Bank has placed before us a Master Circulars dated 01.07.2014 issued by the Reserve Bank of India. She has referred Paragraph no.14.1.2 of the said Circular which deals with delays in cheque clearing. In the said Circular Banks are advised to comply with the final order on ‘time frame for collection of outstation cheques’ passed by the National Consumer Disputes Redressal Commission in Case no.82 of 2006. Further Banks were advised on some other points. In Sub-Paragraph (iii) of the said paragraph, it has been provided that time frame for collection of cheques drawn on state capitals/major cities/other locations to be 7/10/14 days respectively.
In the case before hand, the cheque in question was deposited on 29.04.2013 and it had a validity till 12.05.2013 which indicates that the bank has got a maximum period of 14 days for clearance of the cheque deposited by the Respondent but the bank officials has shown masterly inactivity in performing their function in accordance with the spirit of the Master Circulars issued by the Reserve Bank of India.
Therefore, it is quite evident that the bank being service-provider has shown extreme latches and negligence towards the Respondent/Complainant, who was a ‘consumer’ within the meaning of Section 2(1)(d) of the Act. So, we do not find any shortcoming or loophole in passing the order impugned.
Consequently, the appeal is dismissed on contest. Considering the facts and circumstances, however, we do not make any order as to costs in this appeal.
The impugned final order is hereby affirmed.
The Appellant/OP is directed to make payment the entire awarded amount of Rs.20,079/-, as ordered by the Ld. District Forum within 30 days from date, otherwise the amount shall carry an interest @ 8% p.a. from this date till its full realisation.
The Registrar of the Commission is directed to send a copy of this order to the Ld. District Consumer Disputes Redressal Forum, Coochbehar for information.
