C.Balakrishnan vs Canara Bank

IN this complaint, under Section 12 r/w Section 17 of the Consumer Protection Act, 1986, the Complainant has sought compensation in a sum of Rs. 6 lakhs from the Opposite Party-Bank.

IT is the case of the Complainant that he had issued 8 cheques for Rs. 4,000/- each in the name of various persons. The Complainant lost the cheque book, so wrote a registered letter on 14.4.92 to the Opposite Party-Bank, requesting for stopping the payment of the cheques. The Complainant further averred that even after the receipt of letter for ''stop-payment'' the Opposite Party Bank passed 3 cheques bearing numbers 063246, 063247 and 063248 for a sum of Rs. 4,000/- each on 14.7.92. The Complainant, for this deficiency in service and for their negligence in passing the cheques after receipt of ''stop-payment'' letter by the Complainant, has sought compensation from the Opposite Party as referred above.

The Opposite Party filed its version, admitted the fact that the Complainant had sent a registered letter requesting ''stop payment'' of the cheques. It also admitted the fact that 3 cheques for Rs. 4,000/- each were passed by it on 14.7.92. The Opposite Party further averred that the Manager of the Opposite Party-Bank had personally met the Complainant and requested to furnish full particulars of the cheques issued soon after the receipt of the letter dated 14.4.92; but the Complainant failed to furnish the required particulars and the said cheques were passed on 14.7.92. The Opposite Party, on the basis of these facts, stated that there was no deficiency in service on their part and sought the complaint to be dismissed.

DURING enquiry, the Complainant filed his affidavit and got Exs. C-l to C-5 with the consent of the learned Counsel for the Opposite Party, marked in evidence. The Opposite Party filed the affidavit of its Manager and got Exs. R- 1 to R-12, with the consent of the learned Counsel for the Complainant, marked in evidence. We heard the learned Counsel for the parties. Perused the material placed on record.

IT is not disputed that the Complainant had sent a registered letter, as per Ex. C-l, on 14.4.92 to the Opposite Party requesting to stop payment of 8 cheques issued by him. IT is also not disputed that the Opposite Party-Bank had received the said letter, Ex. C-l. IT is also not disputed that the Opposite Party-Bank passed 3 cheques bearing numbers 063246, 063247 and 063248 for Rs. 4,000/- each on 14.7.92 out of the above 8 cheques which were stopped for payment by the Complainant. It is the case of the Opposite Party that those cheques, even after the receipt of the request for stop payment by the Complainant, were passed because the Complainant failed to furnish the full particulars of the cheques. The Opposite Party-Bank in its version, at para 3, has averred thus: "3 It is respectfully submitted that with great respect to the customers, the Manager of the 2nd Respondent-Bank personally went and requested the Complainant to furnish the full particulars of the cheques issued, soon after the receipt of the above said letter dated 14.4.92 and noticed the Complainant orally that if he does not furnish the required particulars, the Bank might have to make payment to the payee''s cheques, under law and banking procedures. It is submitted that the Complainant has not furnished particulars asked for. On the contrary he came to the Respondent-Bank and informed the Bank to honour the cheques when those were presented for payment. Accordingly the said cheques were passed for payment on 14.7.92."

The Opposite Party has not placed any material on record to show that the Complainant had informed the Bank to honour the cheques as and when they were presented for payment.

IT is really un-understandable to see what particulars the Opposite Party wanted when the Complainant had furnished in his letter, Ex. C-l, the cheque numbers. So having regard to these facts, we are constrained to hold that the Opposite Party-Bank committed deficiency in service in passing 3 cheques even after the receipt of ''stop-payment'' request from the Complainant. ORDER In the result, therefore this complaint is allowed. The Opposite Party is directed to pay a sum of Rs. 12,000/- (the amount under 3 cheques) with interest at 15% p.a. from the date of passing of those cheques, that is, from 14.7.92, till its payment to the Complainant. The Opposite Party-Bank shall also pay a sum of Rs. 1,000/- (Rupees one thousand only) to the Complainant towards costs of this proceeding. The Opposite Party-Bank shall pay the sums so awarded to the Complainant within a period of 60 days from this day. Complaint allowed with costs.