ICICI BANK LTD. Vs. RAJENDRA KUMAR AGARWAL

JUDGEMENT

(1.) Being aggrieved by order dated 2.12.2011, passed by State Consumer Disputes Redressal Commission, West Bengal(for short, 'State Commission'), Petitioner/ Opposite Party has filed the present revision petition under Section 21(b) of the Consumer Protection Act, 1986(for short, 'Act').

(2.) Brief facts are that Respondent/Complainant is a constituted attorney of Hulash Chand Agarwal(Karta), HUF and run the business under the name and style as M/s. Akhechand Hulaschand. The respondent maintain a Current A/c.No.62760551306, in the name of Akhechand Hulaschand. The petitioner promised to provide the respondent with high value cheque clearing facility along with other facilities. The high value clearing facility is a system whereunder the cheque clearing cycle completes on the same day and the customer depositing the cheque is permitted to withdraw the proceeds next day morning. Respondent deposited a high value cheque no.890623 for Rs.8,93,546/- drawn SBI on 06.07.209. It is stated that the said high value cheque was cleared and the amount was credited on 07.7.2009. The account balance on 07.7.2009 showed credit balance of Rs.13,21,678-61 and respondent issued several cheques. However, some outward cheques were returned dishonoured in respect of sufficient credit balance and one self-cheque for Rs.30,000/- was also dishonoured on 07.07.2009 and 08.07.2009. Due to such dishonour of cheques at the fault of the petitioner, the respondent suffered loss and damage in respect of reputation and business. As soon as respondent came to know the fact of dishonour of the cheque issued by him, he rushed to the Petitioner-Bank on 08.07.2009 at about 2. P.M. and requested it to generate a statement of accounts from 1st July, to 8th July, 2009 and also sought explanation and the grounds of dishonour of the cheques. Petitioner's officials however, misbehaved with the respondent and refused to generate and hand over the statement of accounts at around 4.25 p.m, which showed credit balance of Rs.13,21,678-61 as on 07.07.2009. Respondent sent a complaint to the petitioner on 16.07.2009. Thereafter, he sent another letter dated 25.08.2009, through its Advocate. Thus, respondent in its Consumer Complaint has prayed for following directions;

(3.) Petitioner in its written statement had taken an objection that drawee bank is a necessary party. However, it has admitted that respondent is having Current Account in their bank. It is further stated that high value clearing zone was set up by the clearing houses for facilitating fast realization of high value cheques, so that the customers can get the credit on the same day. However, to qualify as a high value cheque, the cheque should not merely be of a certain amount but it should be issued by a high value clearance branch. The cheque in the question was issued by a branch which is not a high value participating branch. The respondent had deposited the cheque for Rs.8,93,546/- being No.890623 on 06.07.2009. The draweee bank was State Bank of India, Rubi Park Branch. As the said branch was not a high value participating branch, the cheque was lodged for clearance not on the same date, but the next day, i.e. 07.07.2009. On 07.07.2009, the State Bank of India informed the Reserve Bank of India that due to system failure, it would not be able to process the returns. Hence, Reserve Bank of India granted one day extension to the State Bank of India for return clearing. All State Bank of India's cheques were pending for clearance on 07.07.209 and the clearing balance was available to all such customers on 08.07.2009 in the evening. It is asserted that the cheque deposited by the respondent was not cleared on 07.07.209. Although the amount of Rs.13,21,678-61 was reflected in the respondent's account, but the same could not have been withdrawn until and unless the same was cleared by the Drawee Bank.