PUNJAB GRAMIN BANK Vs. VEENA KUMARI

JUDGEMENT

(1.) These revision petitions have been filed by the petitioner Punjab Gramin Bank against the order dated 29.04.2013 of the State Consumer Disputes Redressal Commission, Punjab, (in short 'the State Commission') passed in First Appeal Nos.1107/2012 & 1140/2012.

(2.) Brief facts of the case are that the respondent No.1 & 2 are the original complainants who filed the complaint before the District Consumer Disputes Redressal Forum, Hoshiarpur, (in short 'the District Forum') mentioning that complainant no.1 had a savings bank account in Punjab Gramin bank Ambala Jattan Hoshiarpur bearing account No.85620400085599. The complainant No.2 is the daughter of complainant No.1 and both the complainants were allotted residential plots. For the purpose of payment of allotment money i.e. Rs.3,27,500/- each, which was to be deposited before 21-01-2010, complainant no.1 applied to the appellant on 08-01-2010 for issuance of two demand drafts for Rs.3,27,500/- each from her above stated saving account in the name of Yamuna Expressway Industrial Development Authority Greater Noida (for short YEIDA) payable at Delhi/Noida. The appellant/opposite party No.1 debited the said saving account of complainant No.1 but instead of issuance of Demand Draft of Rs.3,27,500/- each, the opposite party No.1 issued two banker cheques bearing No.SWE 799349 and SWE 799350 amounting to Rs.3,27,500/- each from their current account. The concerned Branch Manager of opposite party no.1 never disclosed to the complainants that the instruments which they had issued were not the Demand Drafts but the cheques from their current account. The complainants presuming the said cheques issued by the opposite party No.1 as demand drafts deposited the same with YEIDA through their authorized Banker Oriental Bank of Commerce (OBC). The OBC sent these cheques for clearance, which were returned by the respondent No.3/opposite party No.2. However, none of the opposite parties intimated the complainants about the non clearance of above stated cheques. The fact of non clearance of cheques stated above came to the knowledge of the complainants only in the first week of August 2010 and thereafter they approached the opposite party no.1 and sought clarification regarding non clearance of cheques, when the requisite amount had been debited from the saving account of the complainant No.1 on 08-01-2010 itself. Thereafter, OP No.1 prepared two demand drafts bearing Nos.426627 and 426628 dated 6.8.2010 for Rs.3,27,500/- each in favour of YEIDA and forwarded the same to Manager (Property) YEIDA on 06-08-2010 and also requested them to accept the demand drafts.

(3.) It is further the case of the complainants that thereafter Manager (Property) YEIDA did not accept the demand drafts and returned the same to the opposite party No.1 with the remarks that "the plots of the party have already been cancelled, therefore, the demand drafts dated 06-08-2010 are returned" and YEIDA intimated the opposite party no.1 on 17-08-2010 that those demand drafts should be returned to the complainants. Accordingly, opposite party no.1 returned the same to the complainants. Even then the complainants at their own sent the demand drafts of Rs.29000/- each dated 14-08-2010 as interest for delayed payment calculated by them, but the YEIDA refused to accept the same. Due to the gross negligence of the opposite party no.1 and 2, the complainants were constrained to correspond with YEIDA vide letters dated 14-08-2010, 16-08-2010, 01-09-2010, 11-10-2010 & 12-11-2010 but YEIDA instead of accepting the demand drafts dated 06-08-2010 returned the same to the complainants with the remarks that the authority had cancelled the allotment of plots as allotment money of Rs.3,27,500/- each was not deposited within stipulated period which was 21-01-2010. The complainants had to get the services of various lawyers of Punjab and Haryana High Court Chandigarh for seeking legal advice and for preparation of said representations. Since the YEIDA did not accept the payment, the complainants filed the Civil Writ Petitions bearing No.2896 of 2011 (Shivani Sharma Vs. YEIDA & others) and Civil writ petition bearing No.2897 of 2011 (Veena Kumari Vs. YEIDA & others) in the Hon'ble Allahabad High Court. Ultimately the Hon'ble Allahabad High Court passed the order dated 19-01-2011, whereby YEIDA was directed to accept the payment of the complainants in respect of plots. The payment was accepted by YEIDA on 12-05-2011 and the complainants were required to pay allotment amount of Rs.3,27,500/- for each plot along with interest @14% p.a. on the delayed payment as per schedule of YEIDA and the complainants ultimately paid Rs.1,13,600/- as interest as delayed payment of Rs.6,55,000/- and further interest of Rs.4500/- each through Demand Drafts No.046680 and 046681 of PNB Mandi Area Hoshiarpur.