BANK OF BARODA vs BALCHANDRA PRABHASHANKER JANI

THIS appeal arises from order dated 18th June, 1997 rendered by the learned Ahmedabad City Consumer Disputes Redressal Forum in Complaint No. 395/1994. Impugned order reads as under : "The complaint is allowed. The opponent is directed to pay to the complainant the sum of Rs. 11,861/- with interest at the rate of 18 percent per annum from the date of the complaint till payment and do also pay Rs. 200/- as cost. The opponent to comply with this order within one month from the date of the receipt of the copy of this order."

IT was the complainant''s case that he issued cheque for Rs. 10,000/- in favour of the Gujarat Housing Board from his Saving Bank A/c No. 28948 maintained with the opponent Bank. The same was dishonoured on the ground of insufficient balance, where as in fact on the date on which the complainant issued cheque (i.e. 7.12.1991) he had already credit balance of not less than Rs. 13,500/- in the aforesaid Saving Bank Account. He further explained that he credited Rs. 11,700/- in cash in his Saving Account on 5.12.1990. The case of the opponent Bank is that on account of the complainant''s mistake in mentioning the branch different from the branch in which he deposited the cash in the paying slip the amount of Rs. 11,700/- was credited to the sundry account in the books of account of the opponent Bank. The learned Forum did not accept the explanation and passed the impugned order for the detailed reasons appearing therein. When this appeal came up for hearing no one remained present for the appellant (being the original opponent Bank). We have gone through the grounds taken in the memorandum of appeal. We have also gone through the impugned order. We have verified the counter-foil of the paying slip by which the complainant deposited Rs. 11,700/- with the opponent Bank. In our considered opinion the defence taken by the opponent Bank in crediting the amount in sundry A/c is not valid as the counter-foil indicates the bank stamp of the correct branch of the opponent Bank. The complainant (Sic.) the Saving Bank Account in which he had deposited the cash in the sum of Rs. 11,700/-. Thus there was clear deficiency in service on the part of the opponent Bank in taking the amount to the sundry A/c instead of crediting it in the complainant''s Saving Bank Account that precisely has resulted into dishonour of the cheque issued by the complainant in favour of the Gujarat Housing Board.

Rest of the facts are not disputed. The complainant had to undergo all the consequences of dishonouring of the cheque. The complainant lost possession of the flat in the Housing Board and lock of the flat was broken open by the Housing Board on account of the aforesaid default on the part of the complainant. The complainant had to run after the concerned persons of the Gujarat Housing Board as well as the opponent Bank for rectifying the mistake and he had to pay penal interest and other charges to the Housing Board for restoration of the possession of the flat and had to incur hardship in that respect. We, therefore, proceed to ascertain what is the loss suffered by the complainant. We find that the complainant has established following items of loss : The complainant has also prayed for general damages non/pecuniary damages for mental hardship suffered by the complainant claiming Rs. 6,000/- (six thousand) on that account. Bearing in mind the facts of the case we propose to allow Rs. 2,029/- on that head. Thus in our considered opinion it would be just and proper to award Rs. 7,000/- by way of compensation to the complainant.

INSOFAR as interest is concerned the complainant would be entitled to interest @ 10% and not 18% as directed by the learned Forum. We would like to maintain the order of the cost. In the facts and circumstances of the case, therefore, we pass following order.

IMPUGNED order dated 18th June, 1997 rendered by the learned Ahmedabad City Consumer Disputes Redressal Forum in Complaint No. 395/94 is modified as under : Opponent Bank is directed to pay to the complainant Rs. 7,000/- (instead of Rs. 11,861/- directed by the learned Forum) with interest @ 10% p.a. (instead of 18% directed by the learned Forum) from the date of the complaint till payment and Rs. 200/- as cost within six weeks from the date of receipt of the copy of this order. This appeal is accordingly partly allowed. We direct the opponent Bank (being the appellant herein) to pay cost of this appeal quantified at Rs. 500/- to be paid also within six weeks from the date of receipt of the copy of this order. Appeal partly allowed.