IMPORTANT POINT
Bank must show utmost caution while dealing with cheques.

ORDER

The present Revision Petition (RP) has been filed by the Petitioner against Respondents, as detailed above, under section 58 ( 1) (b) of Consumer Protection Act 2019, against the order dated 24.09.2021 of the State Consumer Disputes Redressal Commission, West Bengal (hereinafter referred to as the ‘State Commission’), in First Appeal (FA) No.RBR/A/43 of 2019 in which order dated 21.12.2016 of District Consumer Disputes Redressal

Commission Siliguri (hereinafter referred to as District Commission) in Consumer Complaint (CC) no 44 of 2012 was challenged, inter alia praying to:—

(i) Set aside the order dated 24.09.2021 of the State Commission.

(ii) Direct SBI, Bagdogra Branch as well as SBI Naxalbari Branch for payment of Rs.6.00,000/- along with interest @ 18% p.a. w.e.f. 16.03.2012 to the complainant for negligence and deficiency in service with respect to the cheque bearing no.336384;

(iii) In the alternative, direct the respondent – bank to issue a Fixed Deposit receipt of Rs.6,00,000/- w.e.f. 16.03.2012;

(iv) Direct SBI, Bagdogra Branch as well as SBI, Naxalbari Branch for payment of Rs.2,00,000/- towards compensation for mental pain, agony and harassment suffered by complainant.

2. While the Revision Petitioner (hereinafter also referred to as complainant was respondent and the Respondents (hereinafter also referred to as OPs were Appellants in the said FA No. RBR/A/43/2019 before the State Commission, the Revision Petitioner was complainant and Respondents were OPs before the District Commission in the CC no. 44/S/2012.

3. Notice was issued to the Respondents on 21.06.2022. Parties filed Written Arguments/Synopsis on 24.04.2023 and 15.05.2023 respectively.

4. Brief facts of the case, as emerged from the RP, Order of the State Commission, Order of the District Commission and other case records are that Complainant is resident of district Bardhaman and employee of Bajaj Alliance Company. He is staying at Siliguri on account of his job and wanted to purchase a dwelling house and in order to secure over draft loan, intended to open a fixed deposit account at SBI Bagdogra Branch for which he deposited a multicity cheque in favour of the Bank by putting the word “Yourself” in cheque no. 336384 dated 16.03.2012 amounting to Rs.6,00,000/-. He was asked by the Bank official to collect the Fixed Deposit in the evening at about 3.30 P.M. on that day. When he visited the Bank for collection of Fixed Deposit, the Bank official told him that cheque was misplaced. The original saving bank account of the respondent was at SBI Bardhman University Branch. On enquiry, he found that said cheque was debited from the account of the complainant at Bardhaman University Branch and the amount of the cheque was transferred to SBI Naxalbari Branch in account no.0020084470920. The complainant registered a complaint before Bagdogra Police Station on 16.03.2012 and case no. 88 of 2012 was registered. The Naxalbari Branch of SBI also registered a GD bearing No.848 dated 17.03.2012 against the same fraudulent transfer. The complainant then approached State Bank of India Bagdogra Branch and Naxalbari Branch for return of the amount which was fraudulently credited into Bank account of one Manmohan Singh of SBI Naxalbari Branch but the bank authorities refused to return the money. The complainant filed consumer complaint before the District Commission which allowed the complaint in his favour. Aggrieved by the decision of the District Commission, the Opposite Party SBI / its Branches filed Appeal before the State Commission which was allowed in their favour. Hence the complainant is before this Commission now in the present revision petition.

5. Vide Order dated 21.12.2016 in the CC no. 44 of 2012 the District Commission has allowed the complaint and directed that complainant is entitled to get Rs.6,00,000/- along with Rs.2,00,000/- compensation and Rs.50,000/- towards litigation cost and interest @ 9% p.a. on Rs.6,00,000/- from 16.03.2012 till