PRANAB KUMAR MANDAL Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) APPELLANT is present in person. Mr.Surojit Auddy, learned Advocate appearing on behalf of the Respondent files Vokalatnama and also BNA with a copy to the other side. Heard both sides at length. Order is passed as under:

(2.) IN support of the respective cases the account statement as appeared in the passbook of the complainant and the account statements as provided to the complainant by his banker were produced before the Forum below. Upon careful reading of the aforesaid account statements it is evident that the complainant had on or about 24.1.2008 had drawn a cheque for Rs. 25,001 in favour of SBI Credit Card. The said cheque was presented to the aforesaid banker of the complainant on 30.1.2008 when admittedly the complainant had no balance to cover the aforesaid amount. Through mistake and inadvertence a sum of Rs. 2,500 only was debited from the account of the complainant although the entire amount of Rs. 25,001 had been paid by the banker of the complainant to the SBI Credit Card. The OP/Banker realizing such mistake on its part immediately on the later part of the same day of 30.1.2008 credited the aforesaid amount of Rs. 2,500 in the account of the complainant. The payment of Rs. 25,001 as above that was made to the SBI Credit Card was shown in the account of the complainant as "set hold = 25,000.00". It is not in dispute that since 12.3.2008 till 27.3.2008 the complainant deposited in all Rs. 26,500 only in his aforesaid account. The aforesaid deposits including the balance that the complainant had in his account stood at Rs. 29,087 only on 27.3.2008. Accordingly on that very date the aforesaid amount of Rs. 25,000 was adjusted against the aforesaid balance of Rs. 29,087 leaving a sum of Rs. 4,086 as the ledger balance on that date on 27.3.2008. On that very date the aforesaid LICI cheque was presented by the Bank of India, which was drawn by the complainant in favour of LICI through the banker of the complainant as aforesaid. Consequently the same was dishonoured and returned to the complainant by a forwarding letter dated 31.3.2008 for the reason of insufficient fund with a request to the complainant to send a fresh remittance of Rs.5,362 inclusive of bank charges of Rs. 100 for such dishonouring of the cheque.

(3.) UPON careful reading of all the accounts as produced by both parties as above we are of the clear view that if there be any mistake or inadvertence on the part of the banker of the complainant that was committed on 30.1.2008 when a sum of Rs. 25,001 was paid to the SBI Credit Card on the basis of the cheque drawn by the complainant in its favour, while the complainant had no sufficient fund to cover the aforesaid amount. The above mistake on the part of the banker of the complainant cannot also be termed as a penal mistake inasmuch as the complainant had reaped the benefit of the aforesaid amount even though he had no fund in his account to cover the same. The complainant has not produced a single document before the Forum below to show that as he had no fund in his account to cover the aforesaid amount of Rs. 25,001, so the SBI Credit Card also did not receive any amount and for which the complainant had to bear the penal interest on the aforesaid sum later on for non -payment of the same to the SBI Credit Card within the time. Nor the banker had returned the cheque to the complainant at any time thereafter for insufficient fund.