IMPORTANT POINT
Interpolation in cheque by Bank amounts to deficiency in service.

M. Shreesha, Presiding Member—Aggrieved by the order of the State Consumer Disputes Redressal Commission at West Bengal (for short “the State Commission”), in SC Case No. 19/0/2007 dated 28.11.2008, Opposite Parties No. 3 to 5 State Bank of India (for short “SBI”) preferred this Appeal under Section 19 of the Consumer Protection Act, 1986 (for short “the Act”). By the impugned order the State Commission allowed the Complaint and directed SBI to pay an amount of Rs.10,00,000/-, being the cheque amount together with compensation of Rs.25,000/- and costs of Rs.1,000/- with a default interest @ 10% p.a., if the amount was not paid within a period of two months from the date of the order.

2. Briefly put, the facts material to the case are that the Complainant, the Sole Proprietor of M/s Shaon Classics Company, Kolkata, during the course of his business, procured an order for supply of Gas Producer Plant of M/s Allied Minerals & Industries, Madhya Pradesh, for which, an Account-payee cheque bearing No. 145618 dated 30.07.2005 drawn on State Bank of India, Katni Main Branch, for a sum of Rs.10,00,000/- as part-payment, was issued. On 29.09.2005, the Complainant deposited the said cheque with Opposite Parties -1 & 2 Banker, i.e. Bank of India, Free School Street Branch, Kolkata (for short “Bank of India”) where he was maintaining a Current Account bearing No. 0/D 45414. It was stated that Bank of India sent the said cheque to State Bank of India for clearing and thereafter instructions were received from SBI that the said cheque was out-dated and the same was returned by Bank of India along-with letter dated 18.10.2005 to the Complainant. On receipt of the same, Complainant found that the date of the cheque was changed from 30.07.2005 to 30.07.2004 by over-writing. It was averred that Bank of India, as per banking practice and procedure, deducted Rs.2040/- towards cheque transfer charges.

3. Complainant wrote a letter dated 22.11.2005 to Bank of India raising his genuine grievance about the said interpolation and dishonor of the cheque. In their reply dated 23.11.2005, Bank of India acknowledged receipt of cheque dated 30.07.2005 for an amount of Rs.10,00,000/- which they state they had sent to Katni Branch of SBI for clearing, but does not give any reply regarding interpolation of the said cheque. The Complainant issued a legal notice seeking explanation for tampering and interpolation of the said cheque, for which he had received a reply dated 16.05.2006 stating that the cheque with interpolation in the date was received from SBI, Katni Branch with the reason “Instrument Out-dated”. SBI also received a legal notice and replied that the local head office at Bhopal would look into the matter. As there was no response, Complainant approached State Commission seeking directions to all the Opposite Parties to pay the cheque amount of Rs.10,00,000/- together with compensation of Rs.16,50,000/- incurred towards financial loss and other costs.

4. Bank of India filed written version admitting that a cheque of Rs.10,00,000/- was deposited by the Complainant in his account No. 0/D 45414 on 20.09.2005. After receiving the said cheque the same was sent to Katni Branch of SBI for clearing. It was pleaded that the cheque was returned unpaid by SBI through its written memo. with the remarks “instrument outdated”. Upon the receipt of the said cheque the same was forwarded to the Complainant with the return memo. It was pleaded that the cheque was forwarded by following the normal banking practices and that they are not responsible for any interpolation as their duty was only to collect the proceeds of the cheque after realization from SBI. The Complainant had unnecessarily impleaded them as a party to the case as the interpolation was done in the Katni Branch of SBI. Bank of India has nothing to do with the non-payment of the said cheque and no deficiency can be attributed against them.

5. SBI filed their written version to the effect that one