State Consumer Disputes Redressal Commission
Punjab National Bank vs Alihasan on 5 June, 2024
Appeal No. Punjab National Bank 05.06.2024
212 of 2019 Vs.
Ali Hasan and Others
STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND, DEHRADUN
Date of Admission : 29.05.2019
Date of Final Hearing : 31.05.2024
Date of Pronouncement : 05.06.2024
First Appeal No. 212 / 2019
Punjab National Bank
Through its Manager
Ahmadpur Branch, Haridwar
(Through: Sh. Shailendra Pundir, Advocate
Brief Holder of Sh. Anirudh Anand, Advocate)
.....Appellant
VERSUS
1. Ali Hasan S/o Sh. Karimbaksh
R/o Village Mustafabaad urf Padartha
Thana Pathri, P.O. Dhanpura, District Haridwar
2. Sh. Pradeep Kumar S/o Sh. Dalsingh
R/o R.K. Puram Colony Lane, Barrier No. 6
BHEL Ranipur, District Haridwar
3. State Bank of India
Branch Ferupur, Post Dhanpur, District Haridwar
Through Branch Manager
..... None for Respondents
Coram:
Ms. Kumkum Rani, President
Mr. B.S. Manral, Member
ORDER
(Per: Ms. Kumkum Rani, President):
1 Appeal No. Punjab National Bank 05.06.2024
212 of 2019 Vs.
Ali Hasan and Others
This appeal under Section 15 of The Consumer Protection Act, 1986 has been directed against judgment and order dated 27.04.2019 passed by the learned District Consumer Disputes Redressal Forum, Haridwar (hereinafter to be referred as the District Commission) in consumer complaint No. 117 of 2015 styled as Ali Hasan Vs. Pradeep Kumar and Others, wherein and whereby the complaint was allowed.
2. The facts giving rise to the appeal, in brief, are as such that the complainant had deposited a cheque No. 924582000024000 dated 27.09.2011 in the Bank of opposite party No. 3 in saving bank account (account No. 1496000104265923) of Rs. 82,800/- which was furnished / given by the opposite party No. 1. The clearance of the said cheque was made in the passbook of the complainant on dated 28.09.2011. It was also asked to the complainant to enquire about it after a week regarding the clearance of the said cheque with assurance that during such period, the cheque would definitely be cleared, but till 11.11.2011 the amount of the above cheque was not credited to the complainant's account. After enquiring about it, the opposite party No. 2 had apprised that the said cheque is missing during the transit, therefore, the amount of the cheque was not credited to the account of the complainant. The complainant had dispatched a registered notice on dated 14.11.2011 to the opposite party No. 2, but no reply was given. The complainant had also filed a Civil Suit No. 128 of 2012 styled as Ali Hasan vs. Satyaveer Singh, Branch Manager, State Bank of India, which was dismissed. A Revision bearing No. 286 of 2012 against it before the District Court was also submitted, thereby the District Court confirmed the order passed by the Lower Court and thereby rejected the complaint, therefore, the complainant had suffered mental and physical agony and the opposite party No. 2 with the deficient service on its part as well as by its negligent act, had lost the cheque during transit, 2 Appeal No. Punjab National Bank 05.06.2024 212 of 2019 Vs. Ali Hasan and Others therefore, the complainant had deprived of receiving the amount of cheque. Thus, in such circumstances, the complaint was submitted.
3. The opposite party No. 1 had neither appeared nor submitted his written statement, therefore, opportunity of filing written statement was closed on dated 16.09.2015 and further an order to proceed the complaint case ex-parte against the opposite party No. 1.
4. The opposite party No. 2 - State Bank of India had filed its written statement alleging that the complaint was submitted on wrong and baseless allegation and it was wrongly impleaded as necessary party. The true fact of the case is as such that the complainant had submitted the cheque for collection of outer bank, whereas as per regular course of process, the collection was to be submitted either by courier or by post. When the information about missing of cheque in question during transit was received by the answering opposite party; the Bank had immediately and expeditiously forwarded the necessary information to the Punjab National Bank, so that someone could not obtain the amount of missing cheque. Thereby the answering opposite party had not deficient in service and the complaint is liable to be dismissed against the opposite party No. 2.
5. The opposite party No. 3 - Punjab National Bank had submitted its written statement alleging that the complainant has filed incorrect and baseless complaint against the answering opposite party. As per pleading of the complaint, the complainant had deposited a cheque issued by the opposite party No. 1 on dated 29.07.2011 to the complainant's saving bank account No. 1496000104265923, whereas there is no such saving bank account in the Punjab National Bank, Branch Haridwar, therefore, the complainant does not come within the purview of 'consumer' of answering 3 Appeal No. Punjab National Bank 05.06.2024 212 of 2019 Vs. Ali Hasan and Others opposite party. There was no deficiency in service on the part of the answering opposite party, therefore, the complaint is not legally maintainable. It is also time barred because the complaint was submitted after the lapse of two years. The answering opposite party was unnecessarily made as opposite party No. 3, therefore, the complaint is liable to be dismissed against the Punjab National Bank.
6. The District Commission after hearing both the parties and after taking into consideration the pleadings and evidence available on record, passed the impugned judgment and order on dated 27.04.2019 whereby the District Commission has allowed the complaint directing the opposite party No. 1 to reissue the cheque of Rs. 82,800/- within a period of one month from the date of judgment, likewise the opposite party Nos. 2 & 3 were also ordered that they will deposit the compensation of Rs. 10,000/- each in the name of complainant within one month from the date of judgment in the Forum.
7. Aggrieved by the impugned judgment and order of the District Commission, the opposite party No. 3 - Punjab National Bank as appellant has preferred the present appeal alleging that the impugned judgment and order is against the facts, evidence and merits of the case, therefore, it is liable to be set aside. It is further averred that there was no deficiency in service on the part of the appellant, even then the impugned judgment was passed against the appellant, which is against the mandate provisions of law. It is further submitted that the respondent No. 1 - complainant has not come with clean hands, hence it is liable to be dismissed. It is further submitted that there was no relationship of consumer and service provider between the appellant and respondent No. 1, therefore, the compliant is not maintainable against the appellant. The impugned judgment is against the 4 Appeal No. Punjab National Bank 05.06.2024 212 of 2019 Vs. Ali Hasan and Others principle of natural justice and there was neither any deficiency in service on the part of the appellant, nor was there any unfair trade practice, therefore, the impugned judgment is liable to be set aside.
8. On dated 15.04.2024 none has appeared on behalf of the respondents, hence an order was passed to proceed the appeal ex-parte against the respondents.
9. We have heard the learned counsel for the appellant and perused the material available before us.
10. The main contention raised in the appeal is that the complaint was time barred, but a perusal of the order dated 19.02.2015 of the District Commission concerned has clearly revealed that the District Commission has condoned the delay in filing of the consumer complaint, hence the same contention cannot be raised by the appellant at this stage.
11. As per the contents of para No. 1 of the consumer complaint, it is clearly proved that the respondent No. 1 - complainant is not having any saving bank account in the Bank of appellant - Punjab National Bank. As per pleading of the complaint, the respondent No. 1 - complainant had deposited the cheque No. 924582000024000 on dated 27.09.2011 in his saving bank account No. 1496000104265923 in the bank of respondent No. 3 - opposite party No. 2, i.e. State Bank of India, so it is clearly proved that the respondent No. 1 - complainant neither submitted the cheque in the bank of appellant, nor its payment was done by the Punjab National Bank to someone else. As per the contents of para No. 3 of the complaint of respondent No. 1 - complainant, it has been clearly pleaded that the cheque in question, which was deposited in the bank of State Bank of India -
5 Appeal No. Punjab National Bank 05.06.2024
212 of 2019 Vs.
Ali Hasan and Others
respondent No. 3 in his above saving bank account and after interrogation, it was apprised by the respondent No. 3 to the complainant that the said cheque was missing in transit. Thus, it is established on record that neither the cheque in question was deposited in the appellant Bank, nor it was lost during transit by the appellant Bank, therefore, the appellant cannot be held liable to pay compensation of Rs. 10,000/- to the respondent No. 1 - complainant, as ordered by the District Commission concerned. Hence, we are of the considered view that the impugned judgment and order to pay compensation of Rs. 10,000/- to the respondent No. 1 - complainant by the appellant is not justified at all. Hence, the impugned judgment and order is liable to be modified accordingly and the appeal deserves to be allowed in part.
12. Appeal is partly allowed. Impugned judgment and order dated 27.04.2019 passed by the District Commission, Haridwar is hereby modified to the extent that the appellant - opposite party No. 3 shall reissue the cheque of Rs. 82,800/- to the respondent No. 1 - complainant within a period of one month from the date of this judgment. The respondent No. 3
- opposite party No. 2 is also directed to pay Rs. 10,000/- as compensation in the District Commission concerned within one month from the date of this order in favour of the respondent No. 1 - complainant. The order to pay compensation by the appellant - opposite party No. 3 is hereby set aside. No order as to costs of the appeal.
13. Statutory amount, if any, deposited by the appellant be returned to the appellant.
14. A copy of this Order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986 / 2019. The Order be 6 Appeal No. Punjab National Bank 05.06.2024 212 of 2019 Vs. Ali Hasan and Others uploaded forthwith on the website of the Commission for the perusal of the parties. The copy of this Order be sent to the concerned District Commission for record and necessary information.
15. File be consigned to record room along with a copy of this Order.
(Ms. Kumkum Rani) President (Mr. B.S. Manral) Member Pronounced on: 05.06.2024 7