BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

                             BENGALURU – 560 027.

DATED THIS THE 19^th DAY OF APRIL, 2022

CONSUMER COMPLAINT NO.254/2021

PRESENT:

SRI. RAJU K.S:MEMBER

                    SMT.REKHA SAYANNAVAR,:MEMBER

Veeresh, Minchanal,

S/o Kashinath,

Aged about 35 years,

No.4, 3^rd Main, 1^st ‘A’ Cross,

(Rep by Sri.M.R.Nagabhushana, Adv)

V/s

The Manager,

Swarna Bharathi Shakara Bank Niyamiti,

No.2229, 23^rd Cross,

Banashankari, 2^nd Stage,

Bangalore-60070.                          …….      OPPOSITE PARTY

******

//JUDGEMENT//

BY SMT. REKHA SAYANNAVAR, MEMBER

1. The complaint was filed by the complainant on 15.03.2021 U/s 35 of the Consumer Protection Act-2019, praying to direct the opposite party to credit the amount of Rs.1,50,000/- (Rupees one lakh fifty thousand only) together with interest at the rate of 24% p.a. from 27.10.2020 till the date of realization and Rs.5,00,000/-(Rupees five lakhs only) towards compensation and such other reliefs as this Hon’ble Commission may deem fit to grant by considering the facts and circumstances of the case in the interest of justice and equity.

2. The brief facts of the complaint is as under;

 In the Complaint, the complainant submits that he is an account holder of opposite party bank having savings Bank account bearing No.100300011773 and accordingly, he has presented two cheques issued by Mr.Nagendra Kumar M.K bearing No.008032 for an amount of Rs.1,00,000/- (Rupees one lakh only) and another cheque bearing No.008034 for an amount of Rs.50,000/-(Rupees Fifty thousand only) for encashment on 27.10.2020 at the opposite party bank branch counter.

3. After verifying the particulars of both the cheques by the concerned bank employee, who sat on the counter cleared both cheques by putting “Transfer” seal on both cheques by mentioning V-30 on cheque No.008032 and V-28 on the cheque No.008034 and also put his signature (cash clerk) and accordingly the complainant had returned thinking that amount would be credited to his account. 

4. The complainant received a phone call on the same day evening from the opposite party bank branch, asking him to come to the bank on the next day i.e., 28.10.2020 and accordingly he went to opposite party bank branch on 28.10.2020. The opposite party bank branch employee returned both the cheques to him saying orally that there is a request for STOP PAYMENT FROM THE DRAWER OF ALLEGED.  The complainant made enquiry about the amount transferred yesterday on 27.10.2020 at that time the opposite party bank employee forced him to go out of the bank and gave evasive reply to the complainant.

5. The complainant returned helplessly from the opposite party bank branch without any remedy.  Later the complainant came to know that no amount was transferred to his opposite party bank savings account when he got printed of his account statement in his pass book. 

6. The complainant visited the opposite party branch number of times and requested to credit the cheque amount, but of no use.  On 19.12.2020 the complainant issued a legal notice requesting the opposite party bank to credit both the cheque amount of Rs.1,50,000/- (Rupees one lakh and fifty thousand only) to his savings account.  No reply was sent to the legal notice of the complainant.

7. It is the further case of the complainant that the opposite party bank being a responsible Bank, comes under the RBI Rules and Regulations Guidelines and Instructions issued by the RBI.  It is further submitted that it is the duty of the opposite party bank to issue the memo of endorsement, when any cheque is returned unpaid.  The opposite party bank have not followed any procedure, while clearing the complainant’s cheques and just put in writing the words “TRANSFER” on both cheques is the utter violation of Master, Circular on Customer Service instructions issued by the RBI and violated Rule 6 of the Uniform Regulations and Rules of Banker’s Clearing Houses and also more importantly opposite party bank have not followed procedure of “Dishonour of Cheques-Procedure thereof” circular issued by the RBI.

8. The complainant submits that neither the opposite party bank credited the cheque amount nor issued an endorsement for return of cheques unpaid.  Even no action taken on the drawer by the opposite party bank.  The complainant submits that there is a deficiency in service on the part of opposite party bank, due to which he put to monetary loss, hardship, agony and embarrassment for no fault of him.  Hence, the complaint came to be filed.

9. Notice to opposite party served and placed ex-parte on 27.04.2021.

10. To support the complaint, the complainant has filed affidavit in the form of his evidence in chief and got marked EX.P1 to P6 documents.  Heard the arguments of the counsel for the complainant.

11. The points that would arise for consideration are as under:

i) Whether the complainant has proved the deficiency in the service of the opposite party ?

ii) If so, to what relief the complainant is entitled for?

12. Our findings on the aforesaid points are as follows:

Point No.1 :  Negative

Point No.2 :  As per the final order for the following;

REASONS

13. POINT NO.1:- On perusal of the pleading along with the documents produced by the complainant, it reveals that the opposite party is a co-operative bank.  The complainant is having a savings account in the opposite party bank bearing No.100300011773 on 27.10.2020 he visited the opposite party bank and deposited the two cheques issued by one Nagendra Kumar M.K bearing No.008032 and another bearing No.008034.  The concerned bank employee perusing all the required particulars of both cheques put “Transfer” seal and Put V-30 on cheque No.008032 and put V-28 on cheque bearing No.008034 and left both the cheques in the opposite party bank only and thought that the cheque amount of Rs.1,50,000/-(Rupees one lakh and fifty thousand only) would be credited to his savings account. 

14. On the same day evening i.e., on 27.10.2020 the complainant received a call from the bank and asked him to come to the opposite party bank by next day on 28.10.2020, the complainant visited the opposite party-Bank the concerned opposite party bank employee returned both cheques bearing No.008032 and 008034 by orally stating that there is a “STOP PAYMENT REQUEST FROM THE DRAWER” when the complainant started making enquiry about the transfer of the cheque amount to his savings account No.100300011773 the concerned opposite party bank employee evasively replied and forcibly sent the complainant out of the opposite party bank.

15. After that the complainant to his shock and surprise came to know that no cheque amount was transferred to his savings account, when he took the print of his savings account statement.

16. The complainant made several visits to the opposite party bank and requested for credit of the cheque amount but of no use.  The complainant issued a legal notice dt.19.12.2020 requesting opposite party bank to credit both the cheque amount of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only).  Despite of service of notice, there is no reply by the opposite party bank.  Due to this, the complainant sustained mental agony and financial loss.

17. The evidence of the complainant remains unchallenged.  Therefore, the evidence available on record it clearly shows that even though the opposite party bank not followed the procedure properly, it cannot be held as deficiency of service.  Moreover, no action has been taken against the alleged cheques issuer by name Nagendra Kuamr M.K.  It is clear from the pleadings of the complainant that no strong allegations, actions steps taken against Nagendra Kumar, the drawer who issued both alleged cheques.  The concerned bank employee has returned both cheques and orally submitted that there is a STOP PAYMENT REQUEST from the drawer of alleged cheques.  On perusal of the exhibit P5(a) which is complainant Bank pass book, which has got particulars of the alleged transaction dt.27.10.2022, it is clear that no amount has been credited to the complainant’s account and no mention of deduction of the said cheque amount from the drawer bank account who is having his savings account in the same opposite party bank who issued the alleged both cheques of the same opposite party bank.

18.  Apart from that not issuing proper endorsement is a procedural defect.  In the complaint, the complainant seeks for the return of the cheque amount.  As per the instruction of the drawer the banker had stopped for honouring the cheque.  Therefore, the bank is not in wrong in that aspect.  Since the complainant directly in substances is not entitled for the cheque amount from the bank, indirectly also cannot claim for that.  It is not attributed by the complainant with regard to any kind enimity the bank had with the complainant.  No case is made out by the complainant with regard to the deficiency of service as contemplated u/s 2(11) of Consumer Protection Act, 2019.  Therefore, it cannot be held that transaction of both alleged cheques had happened and cheque amount should be credited to the complainant’s account.  Hence, the point No.1 is held in negative.

19. POINT NO.2:      In the result, for the foregoing reasons, we proceed to pass the following;

The complaint is dismissed.  No order as to costs.

  Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

  (Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 19^th day of April, 2022)                                            

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA, K)    
•  

//ANNEXURE//

Witness examined for the complainants side:

Sri.Veeresh Minchanal, who being the complainant has filed his affidavit.

Documents marked for the complainant side:

1. True copy of cheque bearing No.008032 dt.27.10.2020 infavour of the complainant drawn on SBS (Rs.1,00,000).
2. True copy of the voucher dt.27.10.2020 (Rs.1,00,000/.
3. True another cheque bearing No.008034 dt.27.10.2020 infavour of the complainant drawn on SBS (Rs.50,000).
4. True copy of voucher dt.27.10.2020 (Rs.50,000).
5. True copy of the bank pass book bearing account No.100300011773.
6. Bank pass book particulars dt.27.10.2020.
7. Copy of the legal notice dt.19.12.2020.
8. True copies of the postal receipt and postal acknowledgement. 

 Witness examined for the opposite party side:         

Documents marked for the Opposite Parties side:

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA, K)    
•