DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.
Present: Sri Manoranjan Hazra,President.
Sri Lingaraj Khadanga,Member.
C.C.No.139/2009
Ranjan Kumar Mohanty,
At present: Plot No.D-1099,2nd Floor,
Sector-6,C.D.A,Cuttack. … Complainant.
Vrs.
1. Branch Manager,
Bank of India,Ranihat Branch,
At/PO:Ranihat,Cuttack.
2. Branch Manager,
Family Credit Limited,
Branch Office:Plot No.9,Janpath,
Bapujinagar,Bhubaneswar. … Opposite Parties.
JUDGMENT DT.17.12.09
Sri Manoranjan Hazra,President
Alleging deficiency in service against the Opposite Party, the present complaint is filed.
1. The brief facts of the case of the complainant are that he is an account holder in the bank of Opposite Party No.1 bearing No.510610110002419. The complainant availed loan from Opposite Party No.2 and he was to repay the same on monthly instalment of Rs.1977/-. As against the said loan amount, the complainant had given post dated cheques of Opposite Party No.1 in favour of Opposite Party No.2. While the matter stood thus, on 5.1.09 the complainant deposited a sum of Rs.2000/- in his account as per Annex-1. The complainant on 8.1.09 deposited cheque no.47597 dt.5.1.09 in the bank of Opposite Party No.1 for collection of the amount of Rs.1977/-. On the same day the complainant could know that the said cheque was dishonoured due to insufficient funds in his account though a sum of Rs.2000/- was deposited on 5.1.09 under Annex-1. While dishonouring the cheque Opposite Party No.1 withdrew Rs.75/- from his account towards return charges of cheque (Annex-2). Due to such fault of Opposite Party No.1, the complainant received a threatening letter from Opposite Party No.2 due to default in payment of instalments and for that the complainant issued a legal notice to Opposite Party No.1 on 13.2.09 under Annex-3. Immediately after receipt of the said legal notice, the Opposite Party No.1 credited a sum of Rs.2000/- on 16.2.09 and refunded Rs.75/- to his account on the same day. Thereafter the complainant has received a notice from Opposite Party No.2 dt.2.3.09 wherein demanded Rs.1954/- towards instalment besides over due penal charges. On receipt of the said notice, the complainant filed this complaint praying therein to direct Opposite Party No.1 to pay the defaulted amounts of Rs.1954/- along with penal charges of Rs.300/- to the Opposite Party N.2 and to pay compensation for mental agony, litigation expenses etc.
2. Opposite Party No.1 filed its version admitting the fact of deposit of Rs.2000/- under Annex-1 by the complainant and also admitted that when the cheque bearing no.47597 was presented on 8.1.09 the same was dishonoured due to insufficient funds and Rs.75/- was debited from his account towards charges of cheque return. The dishonoring of the cheque was due to technical problem in the computer system on 5.1.09 as such the deposit of Rs.2000/- could not be reflected in the account of the complainant but immediately after receipt of the notice from the complainant on 16.2.09 the Opposite Party No.1 credited the deposited amount of Rs.2000/- and returned Rs.75/- to the account of the complainant. Therefore according to it there is no deficiency in service committed by it and prayed for dismissal of the complaint.
3. Opposite Party No.2 filed its separate version stating therein that it has got no knowledge as to what happened in between the complainant and Opposite Party No.1 and complainant having not prayed any relief against it, prayed for dismissal of the complaint.
4. From the pleadings of the parties and the documentary evidence produced from the side of the complainant, fact remains that on 5.1.09 the complainant have deposited Rs.2000/- in his account under Annex-1. Fact remains that Opposite Party No.1 did not account for the same in the account of the complainant, on the other hand took the stand that due to technical problem in the computer system, the said amount could not be credited to the account of the complainant. Whatever may be the fact, even conceding for the sake of argument there was problem in the computer; the Opposite Party No.1 can not escape from its liability. Therefore the Opposite Party No.1 having not credited Rs.2000/-in the account of complainant on 5.1.09 but on the other hand dishonoured the cheque on 8.1.09 on the ground of insufficient of funds and deducted Rs.75/- towards return charges of the cheque is nothing but deficiency in service committed by Opposite Party No.1 and for such act of Opposite Party No.1, the complainant received the notice under Annex-5 wherein Opposite Party No.2 has demanded the instalment of Rs.1954/- along with overdue penal charges. The over due penal charges have been reflected as Rs.300/- in the prayer portion of the plaint. That being so while allowing the complaint petition, we direct the Opposite Party No.1 to credit a sum of Rs.1954/- in favour of Opposite Party No.2 towards instalment amount along with penal charges of Rs.300/-. Similarly Opposite Party No.1 is directed to further pay a sum of Rs.5000/- towards compensation including litigation expenses to the complainant. The above directions are to be complied with within 15 days from the date of receipt of this order.
Judgment pronounced in the open Forum on this the 17th day of December,2009 under the seal and signature of this Forum.
Member President