STATE BANK OF INDIA Vs. VINOD KUMAR

JUDGEMENT

(1.) This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 7.9.2012, passed by the Haryana State Consumer Disputes Redressal Commission (for short 'the State Commission') in FA No. 603/2011, "State Bank of India v. Vinod Kumar, vide which while dismissing the appeal, the order dated 28.3.2011 in consumer complaint No. 560/2009, passed by the District Consumer Disputes Redressal Forum, Rewari, allowing the said consumer complaint, was upheld.

(2.) Brief facts of the case are that the complainant/respondent filed the consumer complaint in question, alleging that he deposited two cheques of Rs. 3 lakh and Rs. 3.5 lakh, both dated 12.11.2008, drawn by M/s. G.M. Enterprises, with petitioner-l/OP-1, Jatusana, District Rewari branch of State Bank of India. The said cheques were drawn on Corporation Bank, but they were returned to the complainant on 17.12.2008, saying that the cheques had not been cleared by the said Bank. It has been alleged by the complainant that OP-1 received intimation to this effect from the Corporation Bank on 25.11.2008, but intentionally, did not communicate to the complainant up to 16.12.2008. It has been stated in the complaint that on the advice of OP-1, the complainant approached M/s. G.M. Enterprises and they informed him verbally that they were not having sufficient funds in their account on 24.11.2008 and that is why, the cheques were not cleared. They advised the complainant to deposit the cheques, after two months. The complainant says that he deposited the cheques again with OP-1 on 27.3.2009, but the amount was not credited to his account till 30.6.2009. In the first week of July 2009, a speed post letter was received by the complainant, containing the cheques crossedby red ink, and no endorsement from any bank. The envelope containing the cheques had come from State Bank of India, Rewari and had been sent from Post Office Guriani. It is alleged that the cheques were not wilfully forwarded for onward collection and were returned through State Bank of India, Rewari, when the validity of the same had expired. The complainant alleged that due to deficiency in service by OP-1, he suffered harassment and financial loss and the said amount could not be credited to his account. The complainant prayed that the principal amount of the cheques along with interest @ 18%p.a. and Rs. 1.5 lakh as compensation should be given to him.

(3.) In their written reply filed before the District Forum, the petitioner/OP-1 stated that the said cheques were not honoured by the Corporation Bank due to insufficient funds and hence, they were returned on 17.12.2008. It has been stated in the grounds of revision petition by the petitioner/OP that the said cheques were drawn on Corporation Bank, Sector-14, Gurgaon, which is a member of the New Delhi Clearing House. Jatusana Rewari Branch of the petitioner Bank is not a member of New Delhi Clearing House andhence, these were outstation cheques and had tobe sent to Delhi for clearance. The Bank had, therefore, returned the cheques within the usual time of about one month and hence, committed no deficiency in service. The petitioner/OP have firmly denied that they received the cheques again on 27.3.2009, saying that it was a concocted story. It has also been stated that if the complainant had deposited the cheques with some other branch, the petitioner- 1 /OP-1 was not responsible for the delay or for the expiry of validity period of the cheques.