State Consumer Disputes Redressal Commission
Vijaya Bank vs Sh. Kamal Krishan Sharma on 27 May, 2015
Daily Order IN THE STATE COMMISSION: DELHI (Constituted under Section 9 of the Consumer Protection Act, 1986) Date of Decision: 27.05.2015 First Appeal No. 955/2014 (Arising out of the order dated 11.08.2014 passed in complaint case No. 1094/11 passed by the District Consumer Disputes Redressal Forum (New Delhi), M-Block, 1st Floor, Vikas Bhawan, I.P. Estate, New Delhi In thSe matter of: Vijaya Bank (Branch Patparganj) Through its Branch Manager Plot No. 5, Savitri Plaza, I.P. Extension, Delhi-110092 Appellant Versus SH. KAMAL KRISHAN SHARMA R/o A-4, Oriental Enclave, Plot No.32, Indraprastha Extension, Delhi-110092 Respondent CORAM SH N P KAUSHIK - Member (Judicial) SH. S.C. JAIN - Member 1. Whether reporters of local newspaper be allowed to see the judgment? 2. To be referred to the reporter or not? N P KAUSHIK - MEMBER (JUDICIAL) JUDGEMENT
Parties are being referred in the present appeal by their original status in the District Forum. The Complainant Sh. Kamal Krishan Sharma had filed a complaint against the Vijaya Bank i.e. OP alleging that he deposited a cheque for an amount of Rs. 50,000/-. The same was dishonored. Ld. District Forum vide order dated 11/8/2014 which are impugned in this commission, observed as under:
"The OP has admitted the levy of cheque returned charges of Rs. 85/- without explaining why such charges can be levied when the cheque of issued amount is awaiting clearance. In such circumstances, the OP should inform the complainant the reason for nonpayment, rather than returning the cheque by post with reasons of insufficient funds. The OP is under obligation to inform complainant by telephone and depending on need of complainant to offer alternative or overdraft or temporary payment to complainant to avoid embarrassment to him. The banks are supposed to mould themselves in consumer friendly mode, rather than acting as office without any sensitivity. "
Ld. District Forum while directing the OP to re-credit Rs.85/- in the account of the Complainant, awarded compensation to the tune of Rs. 25,000/- in favour of the Complainant.
OP has impugned the orders dated 11/8/2014 admitting that the cheque for an amount of Rs. 1,50,000/- in the account of the Complainant could be cleared only in the afternoon of 29/4/2011. Contention of the OP is that now-a-days the cheques are not physically sent to the concerned branch. These are sent to the clearing house who verifies the balance in the account of concerned person.
Admittedly, the cheque of Rs. 1.50 lakh was deposited by the Complainant on 29/4/2011. On the contrary the cheque of Rs. 50,000/- was dishonored by the OP on 28/4/2011. Obviously the bank was duty bound to inform the Complainant of the delay or allow temporary payment to the Complainant as observed by the Ld. District Forum. We do not find any illegality or infirmity in the orders dated 11/8/2014 passed by the Ld. District Forum. Appeal is hence dismissed. Now coming to the Miscellaneous Application No. 01/2015 filed by the Complainant Sh. K.K. Sharma in this Commission, the Complainant has prayed for the release of the statutory deposit made by the Appellant in this commission while preferring Appeal No. 955/2014. There is no such procedure for release of the statutory deposit in favour of the winning party or the Complainant. The application is devoid of merits. The same is also dismissed. The OP Vijaya Bank is directed to pay the amount awarded in favour of the Complainant in terms of the order dated 11/8/2014 in the District Forum itself after making adjustment of amount Rs. 12,500/- already paid to the Complainant.
A copy of this order be sent to the District Forum-VI for compliance.
(N P KAUSHIK) MEMBER (JUDICIAL) (S.C. JAIN) MEMBER
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