BRANCH MANAGER vs KRANTI KUMAR YADAV & ANR.

The complainant/respondent no.1 was having an account with the petitioner Bank of Baroda. He deposited a cheque of Rs.2,40,000/- with the bank. Since no intimation about dishonour of the cheque was received by the petitioner bank, from the drawer''s bank, namely IDBI Bank, its amount was credited in the account of the complainant/respondent. The complainant/respondent withdrew Rs.53,000/- from his account. Thereafter, he issued a cheque drawn on Bank of Baroda which was dishonoured for want of sufficient funds in his account. Being aggrieved, he approached the concerned District Forum by way of a consumer complaint.

The complaint was resisted by the petitioner bank primarily on the ground that since the cheque of Rs.2,40,000/- was dishonoured when presented to the draweee bank, the amount of the cheque was rightly debited in the account of the complainant. As a result, there was not sufficient fund left in the account for honouring the cheque issued by the complainant. It was also stated in the reply filed by the petitioner bank that there was delay on the part of the drawer''s bank in intimating the dishonor of the cheque of Rs.2,40,000/- to the petitioner bank which had resulted in the amount of the said cheque being credited to the account of the complainant.

The District Forum having dismissed the complaint, the complainant/respondent approached the concerned State Commission by way of an appeal. Vide impugned order, the State Commission allowed the appeal. Being aggrieved from the order of the State Commission, the petitioner Bank of Baroda is before this Commission by way of this revision petition.

Vide letter dated 07.12.2015 sent to the petitioner Bank of Baroda, IDBI Bank informed it that the cheque of Rs.2,40,000/- in the name of Kranti Yadav, had been dishonoured. IDBI Bank admitted its mistake in not returning the aforesaid cheque through the clearing. IDBI Bank, vide letter dated 10.12.2015 also requested the petitioner bank to release the amount of Rs.2,40,000/- to it by way of a DD in its name. The original cheque was returned by IDBI Bank to the petitioner bank vide letter dated 14.12.2015, alongwith a forwarding letter. It also shows that the cheque was dishonoured on account of insufficient funds in the account of its drawer. The aforesaid documents clearly show that the cheque, which the complainant had deposited with the petitioner Bank of Baroda, was dishonoured since the drawer of the cheque did not have sufficient funds in his account. The petitioner bank was therefore, fully justified in debiting the amount of the cheque to the account of the complainant.

On the last date of hearing, I enquired from the parties as to where the original cheque which the complainant had deposited in his account with Bank of Baroda was. The learned counsel for the petitioner stated on instructions that the cheque had been returned to the complainant. The aforesaid statement however, was disputed by the complainant. Thereupon, both the parties were directed to file affidavits. The petitioner has filed the affidavit of its Chief Manager Mr. Vijender Kumar who has inter-alia stated that on 17.12.2015, the complainant was informed about dishonour of the cheque in question and was requested to take back the said cheque but he refused to accept the same. It is further stated in the affidavit that the cheque was sent to the complainant vide courier receipt dated 19.12.2015 which is annexure 2 to the affidavit of the bank officer. Though the complainant has denied having the aforesaid cheque in his possession, his statement cannot be believed since the petitioner bank has filed the courier receipt of the date when the cheqeue was received by him. In any case, what is relevant is that the cheque, which the complainant had deposited with the petitioner bank had dishonoured. Therefore, the bank was fully justified in debiting its amount to the account of the complainant. No case of any deficiency on the part of the petitioner bank in rendering service to the complainant is therefore, made out. Since the cheque had been dishonoured, the complainant was entitled to recover the amount of the cheque from its drawer in accordance with law. Instead of seeking to recover any compensation from the bank, he ought to have taken legal steps to recover the amount of the aforesaid cheque from its drawer. The consumer complaint against the petitioner bank was wholly misdirected and uncalled for.

The impugned order cannot be sustained and the same is accordingly set aside. The complaint is therefore, dismissed with no order as to costs. The complainant shall be entitled to avail the legal remedy open to him against the drawer of the cheque.