HARDEV KUMAR Vs. ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) THESE two appeals, one by the complainant and another by the opposite party, under Section 15 of the Consumer Protection Act, 1986, are directed against the judgment and order dated 28.9.2011 passed by the District Forum, Haridwar in consumer complaint No. 269 of 2006, whereby the District Forum has allowed the consumer complaint and directed the opposite party to pay to the complainant a sum of Rs. 7,00,000 from the date of deposit till the date of final payment along with 8% interest within one month from the date of order and has also directed the opposite party to pay Rs. 10,000 as damages to the complainant. Briefly stated the facts of the case, as mentioned in the consumer complaint, are that there is savings bank account No. 9838 of the complainant Sh. Hardev Kumar with the opposite party -Oriental Bank of Commerce, Branch Kharkhari, Haridwar. The complainant do construction work as a contractor in the name of Panesar Construction, for which he receives amount through cheques and drafts and also pay amount through cheques. The complainant received a cheque No. 772404 dated 5.9.2005 for a sum of Rs. 4,00,000 of Punjab National Bank, Railway Road, Haridwar from Baba Lal Ji, Dhyanpur Charitable Trust, Khankhal, District Haridwar, which was deposited by him in his bank account at opposite party. The complainant issued a -cheque No. 581918 dated 29.3.2006 for a sum of Rs. 6,50,000, which has been returned by the Bank to the complainant showing insufficient fund in his account. The complainant received a demand draft No. 112693 dated 8.8.2005 for a sum of Rs. 3,00,000 of Punjab National Bank, Hoshiarpur from Maa Bhaageshwari Dhaam, Haridwar, which was to be withdrawn at Punjab National Bank, Apar Road, Haridwar. On 10.8.2005, the complainant also deposited this draft in his bank account at opposite party, but the opposite party did not credit the same in his savings bank account. The complainant made a complaint before the opposite party -bank, who has informed the complainant through two letters dated 30.3.2006 and 26.4.2006 respectively, that on receiving the complaint, an inquiry is going on, but no action has been taken by the bank and the said amount was not deposited in the complainant's savings bank account. The complainant sent a complaint to the Reserve Bank of India in this regard. When the complainant inquired in the Punjab National Bank, Railway Road, Haridwar about a cheque of Rs. 4,00,000 and also inquired in the Punjab National Bank, Apar Road, Haridwar about a demand draft of Rs. 3,00,000, then they informed him that the clearance of cheque of Rs. 4,00,000 and draft of Rs. 3,00,000 have been sent to the opposite party -Oriental Bank of Commerce, Haridwar. The complainant came to know that the officers of the opposite party have misappropriated the amount of his cheque and draft by transferring the amount in other account, for which the opposite party is responsible. The complainant has alleged that this act of the bank comes under the deficiency of service, due to this the complainant suffered a mental, physical and economical loss. The complainant suffered a loss of Rs. 7.00 lacs, for which the opposite party be directed to pay a sum of Rs. 7.00 lacs with interest and Rs. 1.00 lac for mental, physical and economical loss and Rs. 15,000 towards litigation expenses.

(2.) THE opposite party has filed its written statement before the District Forum and pleaded that it is admitted that the savings bank account of the complainant is running with the opposite party. It is also admitted that the cheque and draft of Rs. 4,00,000 and Rs. 3,00,000 were cleared from the Punjab National Bank, Railway Road, Haridwar and Punjab National Bank, Apar Road, Haridwar respectively. The opposite party has stated that the official of the opposite party namely Sh. Rajpal Singh Aswal and the complainant had conspired to usurp the amount of the bank. Sh. Rajpal Singh Aswal was giving undue advantage to the complainant, for which an inquiry was conducted by the bank and it was came in the light that Sh. Rajpal Singh Aswal was posted as Special Assistant and had made several irregularities in several accounts between the year 2000 to 2005. It was disclosed on 12.11.2005 after the death of Sh. Rajpal Singh Aswal. After inquiry, an F.I.R. against Sh. Rajpal Singh Aswal and his wife was lodged on 18.12.2005. After investigation, the police department close the case and final report was submitted in the Court. During inquiry, it was found that Sh. Rajpal Singh Aswal had transferred Rs. 1,50,000 from the complainant's account to his own account, for which the complainant was called in the bank on 30.11.2005, who had told the bank that Sh. Rajpal Singh Aswal transferred the money only on his direction. At the same time the complainant Sh. Hardev Kumar also gave in writing that the balance amount of his account is Rs. 1662.16, which is correct. The complainant and Sh. Rajpal Singh Aswal were running parallel banking activities and the complainant had already received his money through Sh. Rajpal Singh Aswal. The complainant made complaint about his two cheques amounting Rs. 3.00 lacs and 4.00 lacs respectively after seven months. During this period, the complainant use to come in the bank, but he never complained that the amount of Rs. 3.00 lacs and Rs. 4.00 lacs were not credited in his savings bank account. Rs. 3.00 lacs was misappropriate by Sh. Rajpal Singh Aswal, which was received from Punjab National Bank. It was misappropriated with the help of Sh. Hardev Kumar the complainant. But Sh. Rajpal Singh Aswal deposited the cash on 17.10.2005 in account No. 9838. Again Sh. Rajpal Singh Aswal misappropriate other cheque of Rs. 4.00 lacs with the help of Sh. Hardev Kumar -the complainant. Sh. Hardev Kumar the complainant also received the amount of Rs. 4.00 lacs. An F.I.R. was lodged against Sh. Rajpal Singh Aswal. The police after investigation submitted the final report. There is no deficiency on the part of the opposite party. The complainant has received his total amount and he confirmed it on 30.11.2005.

(3.) WE have heard learned Counsel for the parties and also perused the material placed on record.