RAKESH SHARMA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Mr. Rakesh Sharma, complainant, had to pay Rs.80,350/- to Air Force Naval Housing Board in May, 1991. He had Saving Bank Account with Moti Bagh Branch of Punjab National Bank (PNB) No.5647. He issued two cheques, the first cheque was No.845636 dated 10.5.1991 for Rs.60,350/- in favour of AFNHB and the second cheque was number 845637 dated 13.5.1991 for Rs.20,000/-. In order to make the necessary balance available, he deposited two cheques No.719442, drawn on Nanakpura Branch of PNB for Rs.10,000/- and another cheque No.371558 drawn on Bank of India, Parliament Street for Rs.6,000/-. Both these cheques were deposited on Sunday 12th May, 1991 and the Moti Bagh Branch sent the cheque drawn on Bank of India on the next working day i. e. Monday the 13th May, 1991. The cheque was cleared and credited to the account of the complainant on 15.5.1991. The cheque drawn on Nanakpura Branch could not be sent on Monday as the next following day, namely Tuesday, the 14th May, 1991 was a weekly off day both for Nanakpura Branch of PNB as well as Moti Bagh Branch of the said Bank. The said cheque presented only on Wednesday, 15.5.1991 and it was not cleared until 16.5.1991. In the meanwhile, both the cheques issued in favour of AFNHB were presented on 15.5.1991. The Bank decided to make payment and encash the smaller of the two cheques, namely for Rs.20,000/- and referred the other cheque to the drawer on the ground of 'insufficient funds'. The complainant had to pay penalty of Rs.1,508.75 for failure to make the payment by the prescribed date. He also suffered defamation and humiliation for having given a cheque which was dishonored. The aforesaid facts, according to the complainant constituted deficiency in service and he accordingly filed a complaint before the District Forum-II claiming compensation. The plea of the Bank was that there was no deficiency in service as Tuesday, the 14th May, 1991 were weekly off days both for the Moti Bagh Branch as well as the Nanak Pura Branch. The cheque could not be sent for clearance on Monday, as the next following day was closed day and it was sent for clearance on the next working day that is 15th and on 15th the balance available in the account of the complainant could not meet the amount of both the cheques. The Bank, therefore, encashed one of the cheques and returned the other cheque for want of sufficient funds.

(2.) On a consideration of the material before it, the District Forum came to the conclusion that there was no deficiency in service and dismissed the complaint. Aggrieved by the order, the complainant has preferred this Appeal.

(3.) We have heard the appellant who argued in person and Mr. R. K. Aggarwal, authorised representative of the respondent and have carefully gone through the records.