DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No.08/2022
Date of Filing: Date of Admission: Date of Disposal:
18.01.2022 03.02.2022 13.04.2023
Complainant/s:- | Masum Billah Alam, Propreitor of Maskaan Enterprise, S/o. Mahasin Gazi, Vill and P.O. and P.S. Swarupnagar, Dist- North 24 Parganas, Pin-743286. = Vs |
Opposite Party/s: | The Branch Manager, State Bank of India, Swarupnagar Branch, P.O. and P.S. Swarupnagar, North 24 Parganas, Pin-743286. |
P R E S E N T :- Smt. Sukla Sengupta…………………President
:- Smt. Monisha Shaw ……………… Member.
:- Sri. Abhijit Basu …………… ... Member.
JUDGMENT/FINAL ORDER
The complainant filed this case U/S 35 of the Consumer Protection Act, 1986 read with Section 39 of Consumer Protection Act, 2019.
The brief fact of the case is complainant is account holder and / or bonafide consumer of the State Bank of India, Swarupnagar Branch having current A/C. No. 33073083/93. Complainant deposited a cheque being No. 332103 of a sum of Rs. 50,000/- (issuing Bank Almora Urban Cooperative Bank Ltd). The cheque was not cleared by the said Bank. On several occasions the complainant went to said bank but in vain. The cheque was deposited by Masum Billa Alam proprietor of Muskaan Enterprise. The complainant sent letter to Branch Manager of said Bank and Regional Manager of SBI within the jurisdiction of said SBI Branch but no reply was made by the Banking Authority. The complainant submits that the bank never made any lawful explanation about non-clearance of said cheque and not informed by bank if there is any lawful reason behind of or any latches from the part of the cheque issuing authority. The banking authority either clear the cheque or dishonor the cheque and shall return the cheque to the complainant but neither the Banking authority clear the cheque nor return the cheque to the complainant with remarks for the reason of return the cheque. The complainant requested the issuing authority for issue another cheque but the issuing authority demand the said issued cheque i.e. cheque No.332103. Banking Authority is/ was not return the cheque. Complainant issued legal notices on 12.07.2021 and lastly on 10.12.2021 but in vain.
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C.C. No.08/2022
After filing the case and serving notice upon O.P. No.1 thereafter O.P. No.1 appeared and filed written version and after filing the W/V by O.P thereafter O.P did not appear before this commission. The O.P. No.1 admitted that the complainant submitted the cheque in his current A/c. The O.P. No.1 submits that O.P. No.1 sent the cheque being No. 332103 for clearing to SBI, Colony More Branch on 25.07.2019 but the same was rejected by National Payment Corporation in India on validation of the cheque as Almora Cooperative Bank does not participate in clearing the Southern Grid and the same could not be cleared. The said National Payment Corporation is under support of RBI and Indian Bank’s Association with an aim of consolidating and interrogating various system into nationwide uniform and standard business process. Almora Cooperative Bank was not participating member of NPC1. Therefore O.P was unable to process the cheque.
Compelling circumstances the complainants filed this case.
Issue framed for the purpose of Decision
- Whether the case is maintainable or not?
- Whether the complainant is entitled to get relief or reliefs in this case or not?
Decision with Reasons
Considering the facts and circumstances as well as nature and character of this case are the points and interlinked with each other and as such all the points are taken together.
On perusal the case record, document filed by the complainant and W/V of the O.P. No.1 and other documents and complaint it is revealed that as complainant is account holder of SBI Swarupnagar Branch, North 24 Parganas hence the complainant is the customer and / or consumer of the opposite party. Opposite party is service provider as per Consumer Protection Act. This case is within the jurisdiction of this commission. The case filed within the limitation period. The complainant filed a cheque at said bank being on 17.07.2019 being cheque No. 332103 for a sum of Rs. 50,000/- (issuing Bank Almora Urban Cooperative Bank). The cheque was not cleared by the said SBI branch. But it is the duty of the bank to inform his consumer regarding the fate of the cheque and if it is not cleared in that event it is also the duty of the bank to return the mentioning the proper reason for return the cheque. It is the duty of the Banking Authority to inform the status regarding the cheque.
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C.C. No.08/2022
In this case Concern Banking authority did not clear the cheque and did not return the uncleared cheque to the complainant (if not cleared). Here the O.P is service provider but he did not perform his duty which will be treated as deficiency of service and shall try under the Consumer Protection Act. If the cheque is not cleared in that event opposite party is bound to return the cheque to the complainant with remarks and/or reasons for non-clearance. As the O.P is not return the cheque hence the complainant could not collect new cheque from the person who issued the cheque. Therefore complainant is also losing the banking interest of said amount of Rs. 50,000/- from the date of submission of the cheque. Complainant proved his case as such the complainant is entitled to get relief in his favour.
All the points are considered.
Hence,
it is ordered,
that the case being No. 08/2022 be and the same is allowed on contest as O.P. No.1 was submitted W/V. Though the argument heard exparte as O.Ps were absent at the time of argument.
It is hereby directed to the opposite party to return the cheque with proper remarks for return the cheque with Banking interest to the complainant from 17.07.2019 till recover with 3,000/- for compensation. Failing which the complainant has liberty to file execution case as per law.
Let plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated & Corrected by me
Member
Member Member President
