State Consumer Disputes Redressal Commission
Shri Anup Kumar Roy, Mahamaya Agencies, ... vs The Senior Branch Manager, Bank Of ... on 29 January, 2013
STATE
CONSUMER DISPUTES REDRESSAL COMMISSION,
TRIPURA
Appeal No.F.A-21/2012
Shri Anup Kumar
Roy,
Mahamaya Agencies,
Laxmi Narayan
Bari Road,
P.S-East Agartala,
West Tripura
District, Agartala
. . .
. Appellant.
Vs
The
Senior Branch Manager,
Bank of Baroda,
Agartala Main Branch,
Central
Road Agartala.
The
Assistant General Manager,
Bank of Baroda, Regional Office,
Bhangaghar, G.S.Road,
Guwahati 781005.
The
General Manager,
Baroda Tower Plot No-38/02,
Block G.N.Sector 5,
Salt Lake City, Kolkata 700091.
The
Chairman & Managing Director,
Bank of Baroda,
Bandra Corporate Centre
Plot No-C-26, Bandra Kurla Complex,
Bandra (E), Mumbai 400051.
. .
. . Respondents.
PRESENT :
HONBLE MR.JUSTICE A.B.PAL,
PRESIDENT,
STATE COMMISSION
MRS.D.BAIDYA KHASNABISH
MEMBER
STATE
COMMISSION.
MR.H.CHAKRABORTY,IAS
(Retd),
MEMBER,
STATE
COMMISSION.
For the Appellant : Shri K.K.Paul,Adv.
For the Respondents :
None present.
Date of Hearing : 08-01-2013.
Date
of delivery of Judgment : 29-01-2013.
J U D G M E N T
Pal,J , This appeal has arisen from the judgment dated 05-09-2012 rendered by the District Forum, West Tripura, Agartala in C.C-22 of 2010 holding the bank of Baroda responsible for gross negligence and deficiency of service and awarding repayment of the money paid out fraudulently with and compensation, interest and cost.
2. The appellant is proprietor of M/S Mahamaya Agencies having a C.C. account No-10320500005254 in the bank of Baroda, Agartala. The appellant claims to be a reputed business house having distributorship of several world famous companies like Castrol India Ltd., Bosch Ltd, SKF India Ltd,Purolator India Ltd, Gabriol India Ltd and TIDC Ltd. During a long period of 30 years the agency transacted business through this bank with no occasion of its cheque having bounced ever. But on 29-01-2010 the appellant agency issued a cheque No-505676 for Rs.16,00,370/- only in favour of the Bosch Ltd,Gawahati, Assam on the above account but in spite of having sufficient amount on the credit side of the account the cheque was dishonored by the bank without intimating the appellant the reasons, therefore. It came to the knowledge of the appellant only on 30-01-2010 from Bosch Ltd. During enquiry at the instance of the appellant it came to be established that the bank allowed huge amount to be paid to unknown individuals against three fake cheques. On 09-01-2010 Rs.4,75,000/- was allowed against cheque No-505699, on 13-01-2010 Rs.7,45,000/-
was allowed against cheque No- 505696 and on 25-01-2010 Rs.9,55,000/- was allowed against cheque No-505698. Thus, within a period of 15 days Rs.21,75,000/- was paid out of the account against fraudulent cheque without any verification or intimation to the appellant which can be termed as gross negligence and deficiency on the part of the bank.
3. The bank admitted the fault and restored in the account of the appellant Rs.4,75,000/- on 03-02-2010 and Rs.7,45,000/- on 13-01-2010 along with interest of Rs.16,142/-. But the other amount of Rs.9,55,000/- was not returned compelling the appellant to institute the complaint before the District Forum.
4. By the impugned judgment the District Forum has rightly directed payment of Rs.9,55,000/- but with interest @ only 5% p.a. only from the date of unauthorized payment of the amount. An amount of Rs.20,000/- has been awarded as compensation and Rs.3,000/- as cost. Aggrieved by the low rate of interest and meagre amount of compensation awarded by the District Forum the present appeal has been preferred by the appellant.
5. The limited question in the above facts and circumstances are :-
(1). What should be the rate of interest on the amount paid out of the account and (2) what should be the compensation for the damage of reputation harassment and mental agony. In our considered view the rate of interest is very much on the lower side. We,therefore, direct that 9% shall be the rate of interest on the amount for the period from the date of illegal payment till return of the amount and Rs.1,00,000/- should be the compensation for damage of reputation harassment and mental agony. We further award a cost of Rs.15,000/- for this appeal which shall go into the Legal Aid Account of this Commission.
6. The appeal is allowed with cost as aforesaid.
Member Member President State Commission State Commission State Commission Tripura Tripura Tripura.