BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SOLAN, H.P.
Consumer Complaint No: 104/2008
Date of presentation: 10.04.2008
Date of decision: 24/12/2009
Sh. Vijay Pruthi, S/o Sh. M.K. Pruthi,
R/o Hous No. 151 MIG (Deluxe)
Sector -4 Parwanoo,Tehsil Kasauli,
District Solan H.P.
… Complainant
Versus
1. Bank of Baroda, Taksal/ Parwanoo Branch,
Tehsil Kasauli, District Solan H.P.
Through its Branch Manager.
2. The Chief Manager, Bank of Baroda,
(A Government of India Undertaking)
Head Office, Mandvi, Baroda.
…Opposite Parties.
For the complainant: Mr. Vijay Mohan, Advocate.
For the Opposite Parties: Ms. Anju Kohli, Advocate.
O R D E R:
Sureshwar Thakur (District Judge) President:- The instant complaint has been filed by the complainant, by invoking the provisions of Section 12 of the Consumer Protection Act, 1986. The complainant, avers that, he booked a plot with Punjab Urban Development Authority, at, Rajpura, on, 24.03.1994, hence, issued a demand draft of Rs.8250/- to PUDA, which later on, was not allotted to him, as such, he applied for refund of earnest money, which was refunded to him, through cheque bearing No.590083, dated 10.08.1994, hence, he deposited the said cheque with the OP No.1, on, 18.08.94 for payment in his saving bank account, which is averred to have not been credited in his saving bank account. The complainant further proceeded to aver that thereafter he is running from pillar to post, for getting the amount of Rs.8250/-, but all in vain. Hence, it is averred that there is apparent deficiency in service on the part of the OPs and accordingly relief to the extent as detailed in the relief clause be awarded in favour of the complainant.
2. The OPs, in its reply, raised preliminary objections regarding maintainability of the complaint, and denied that the cheque of Rs.8250/-, is, not credited in the account of the complainant. It is contended that when the cheque has been cleared on, 25.08.94, by the drawee bank, then, it must be credited in the account of the complainant, on the same date. Hence, it is denied, that, there was any deficiency in service on their part or that they have indulged in an unfair trade practice.
3. Thereafter, the parties adduced evidence, by way of affidavits, and, documents in support of their respective, contentions.
4. We have heard the learned counsel for the parties at length and have also thoroughly scanned the entire record of the case.
5. The complainant, is, aggrieved by the act of the OPs, in not crediting the proceeds of cheque bearing No.590083 dated 10.08.1994 amounting to Rs.8250/-, in his saving bank account. The OPs, have repudiated the claim of the complainant, inasmuch, as, when the cheque has been cleared, on, 25.08.1994, by the drawee bank, then, it must be credited in the account of the complainant, on the same date, because as per norms ledger/register above 12 years have been destroyed, hence, is, exculpating their liability.
6. At the very outset, we may observe here that this is a unique complaint of its own nature, which came to be received by this Forum, on, 10.04.2008, by post, ventilating therein a grievance aged 14 years, as, the complainant avers that, on, 18.08.1994, he, deposited a cheque bearing No.590083, dated 10.08.1994, with the OPs, for crediting its proceeds in his savings bank account. Assuming that, the grievance of the complainant, as ventilated in this complaint, is, true, then, lapse on his part to not lodge the claim before this Forum, well within the prescribed period of limitation of two years, not only bars the remedy, but, also makes the complainant, being, hence, for, the reasons aforesaid to be steeped, in, suspicion. Though, he, is, seeking leverage from Annexure C-8, which is, a copy of certificate dated 15.11.2006 issued by Bank of Baroda, yet, its perusal divulges the fact that, cheque No.590083 dated 10.08.1994, does not appear to be credited in his account, as, the records qua it being more-than 12 years and as per Bank’s norms ledger/register, above 12 years have been destroyed, yet, when the complainant, has, not placed on record any proof qua the fact that the proceeds of the aforesaid cheque, has, not, been credited in his account. Hence, obviously when it was incumbent upon the complainant to have placed on record the copy of the pass book reflecting the crediting of the amount comprised in the cheque, or otherwise for us, to, construe his contention qua non-crediting of the amount comprised in the cheque to be sustainable. Therefore when, it comprised the best evidence, its withholding leads to, an, adverse inference against him.
7. Moreover, the OPs, have specifically averred that as per norms ledger/register above 12 years have been destroyed, which fact has remained un-repulsed, rather, is fortified, as well, as, is legal, inasmuch, as, the abstract of the rules, permitting such destruction, is, placed on record, hence, it cannot be construed, that, the cause ventilated by the complainant after expiry of 12 years, is, maintainable, as, it appears that, he, intentionally and deliberately intends to seek leverage of certificate Annexure C-8, which, in our opinion, is, the result of an after thought, of the complainant, in order to claim, the proceeds of cheque, qua whose non-crediting in his account, he, has withheld the best evidence, for, whose withholding by him, we, have drawn an adverse inference against him. Hence, for above, no deficiency in service can be attributed on the part of the OPs, as such, the complaint, being without any merit, deserves dismissal. Ordered accordingly. No order as to the costs. The learned counsel for the parties undertook to collect the certified copy of this order from the office, free of cost, as per rules. The file after due completion, be consigned to record room.
Announced on this, the 24th day of December, 2009.
(Sureshwar Thakur)
President.
NMehta) (Virender Thakur) (Arun Bala Sharma)
Member Member.
Tags: Bank of Baroda