Our CorrespondentLudhiana, June 12
The District Consumer Disputes Redressal Forum has directed the Bank of Punjab and the Bank of India to pay Rs 2,000 and Rs 500, respectively, on account of compensation for deficiency in services to Ms Subash Rani Sareen a resident of Sarabha Nagar. The forum has also directed the Bank of Punjab and the Bank of India to pay Rs 500 and Rs 200, respectively, as cost of litigation to the consumer.
According to the complaint, the complainant and her two sisters had a joint account (8817) with the branch of the Bank of India at Surajpur, Noida, Ghaziabad in Uttar Pradesh. Ms Sareen stated before the forum that she along with her sisters was paid Rs 15,00,000 as property sale proceeds and her share was for Rs 5,00,000.
Mr Sareen disclosed that for early payment of her share of the sale proceeds, she and her husband, Major D.K. Sareen, had opened a joint account (36 SB 14114298) with the branch of the Bank of Punjab at Kalsi Nagar, GT Road, Ludhiana. She further disclosed that a cheque for Rs 5,00,000 drawn on the Bank of India on December 10, 2000, was given for realisation to the Bank of Punjab. But the same was received back on January 16, 2001, by the Bank of India with remarks “Effects not cleared, please present again”.
Mr Sareen said that she thought that the payment might not have been received by the Bank of India from the Treasury and she confirmed from the bank regarding the receipt of the payment. But the bank replied positively, telling that the amount was received on January 16, 2001, she said. After that she presented the said cheque for encashment and realisation to the Bank of Punjab which was sent to the Bank of India for collection.
She maintained, “In case of outstation cheques, generally the collections are made in 10 to 15 days and as she negotiated the purchase of property so that the payment could be made immediately after February 15, 2001.” She further said that she was in dire need of money and sent her son to the local branch of the Bank of Punjab on February 10, 2001, for confirmation of the collection of the cheque. But he was told by bank officials that the cheque was sent by wrong courier service which did reach Surajpur and it had been despatched against through registered post and asked him to contact the Bank of India about the payment status, she added.
She alleged that it was a clear case of deficiency in services and unfair trade practices on the part of the Bank of Punjab as there was no need to route the cheque through courier. She further alleged that her payment was withheld due to deficiency in services on the part of both the banks. Moreover, the Bank of Punjab charged Rs 12,000 as bank handling charges and only Rs 4,88,700 was credited to the account, he added.
The Bank of Punjab pleaded that the consumer had presented the cheque for Rs 5,00,000 on December 11, 2000, for collection from the said bank. The respondent maintained that the cheque was sent and received back with the remarks that “Effects not clear, please present again”.
The bank clarified that it was outstation cheque and normally five weeks’ time was taken for collection. However, the bank denied that 10 to 15 days were required for collection of the said cheque. It was admitted that the cheque was sent through courier which could not locate the branch of the Bank of India and a special messenger was sent to collect the funds on February 28, 2001. It was further disclosed that the amount was collected through a bank draft and the amount was credited to the account of the complainant on March 5, 2001.
The Bank of India pleaded that the said cheque was presented to its said branch, but since the amount was insufficient for encashment of the cheque, it was returned. The respondent clarified that the payment was made as soon as the payment was received. It maintained that there was no deficiency in services on its part.
The forum observed that in this case, the credit was made after about one month and four days after presenting the cheque. The forum further observed, “the contention of consumer appears reasonable that about 15 days’ time is enough for collection of outstation cheques.”
The forum stated that there was delay of about 15 days for collection of the cheque and the respondent was not justified in retaining the cheque for a long time. The forum held that there was deficiency in services on the part of both the banks.