O R D E R
(PER SE SMT. J.SHYAMALA, LADY MEMBER ON BEHALF OF THE BENCH)
1. Brief averments of the complaint are as follows:
The case of the complainant is that he worked as DGM in BSNL and holds a savings bank account with OP Bank since year 2004 vide SBI A/c No. 30674 (old) later changed to 10222894456. On 23/10/2006 he issued a cheque bearing No. 160982 dt. 23/10/2006 for Rs. 1,00,000/- later, due to his personal reasons, he requested the bank for stop payment of cheque. The branch manager accepted his request and charged an amount of Rs.110/- on 25/10/2006 but after some time when he took the printout of his passbook he found that cheque No. 160982 for which he requested stop payment and paid charges was encashed on 28/10/2006 itself.
As on his personal request to the branch manager there was no result, complainant issued a complaint dt. 28/11/2006. After one month, when he visited again SBI, the staff carelessly answered that it would take time. In January 2007, the complainant again met the then Branch Manager, who did not respond. The complainant was transferred to Karnataka and Tirupati and came back to Hyderabad during 2018 but he went on meeting the branch manager every year even on phone since 2007 and in person whenever he visited Hyderabad and contacted the concerned staff every quarter but without any result. During the year 2018, the complainant communicated through SMS "UNHAPPY', a new method of communicating customer results through SMS. The AGM of the bank responded and as per his direction, the complainant met Mr. Surya Prakash Rao, the then BM and Ms. Bharati ABM, SBI HCU, Branch Gachibowli, Hyderabad, but without any result. The complainant took VRS from service and in view of COVID situation started giving online complaints. Finally, he got an SMS reply on 10/09/2020 that his complaint has closed with remarks, 'Thank you'. On his personal visit, ABM replied that Rs.110/- can be refunded but, the cheque amount cannot be recredited in view of non-availability of records. So, the complainant again submitted a complaint on 2/02/2021 to the BM for which there is no reply till date. Complainant is still an existing customer to the opposite bank for several years and his monthly pension is deposited there only. It is a clear mistake of the bank to pass the cheque despite request for stop payment therefore, It is a clear case of deficiency of customer service and hence this complaint.
2. The opposite party file its written version admitting the maintaining of savings bank account with them but denies that, the complainant is a consumer and this dispute does not come under Consumer Protection Act and time barred. According to the complainant, he issued cheque No. 160982 for an amount of
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Rs. 1,00,000/- dt. 23/10/2016, subsequently on 25-10-2016 stop payment instructions were given by the complainant to the opposite party, in spite of that, the said cheque was cleared on 28-10-2016, and the alleged stop payment letter of the complainant is not containing the acknowledgement of the bank.
The complainant visited the bank on 30/10/2016 and deposited an amount of Rs. 20,000/- in his account, even on subsequent dates also he visited the bank several times but as alleged by him there was no complaint lodged with the opposite party with regard to the clearing cheque in writing. What prevented the complainant from lodging complainant immediately is not explained when he is visiting the bank regularly. The alleged complaint is also not having any details in whose favor the said cheque was issued. On receiving complaint, opposite party will give acknowledgement to that effect. In this present case there is no such proof to show the complaint was lodged. The transaction took place in the year 2006 and the present case is filed in the year 2022. Taking advantage to technology, some mails were sent to the opposite party after 14 long years and now came up with this complaint. The entire allegations are having no proof to show that complainant responded in time. Hence, it is clear that the claim is time-barred and no case is established. There are no merits in the case, hence, it is prayed to dismiss the complaint in the interest of justice.
3. During Trial, complainant got examined as PW1 and marked Ex.A1 to A10 Sri A.Harinath, Deputy Manager of opposite party is examined as Dw1 and marked as B1. Both parties filed their Written Arguments and heard. Perused the pleadings and documents filed by both parties.
4. Now the points for consideration are:
(i) Whether there is any deficiency in service on the part of Opposite Party?
(ii) Whether the complainant is entitled for the reliefs prayed for?
(iii) If so, to what relief?
5. Point No.(i) & (ii): There is no dispute that, the complainant is holding a savings bank account with Opposite Party. The complainant issued a cheque bearing No. 160982 dt. 23/10/2006 for Rs.1,00,000/- later, due to his personal reasons, he requested the bank for stop payment of cheque as per Ex.A1.The branch manager accepted his request and charged an amount of Rs.110/- on 25/10/2006 as per Ex.A2, A3 & B1 account statement of complainant. But after some time when he took the printout of his passbook he found that cheque No. 160982 was encashed on 28/10/2006 itself. The complainant many times through letters and emails as per Ex.A4 to A10 requested for refund of the cheque amount but the opposite party remained silent. As per version of the Opposite Party, the complaint is time barred as the complainant not responded accordingly though he visited the Bank many times after the subject transaction.
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After perusing the pleadings and documents, we are of considered view that, under Section 69 of the Consumer Protection Act, 2019, a complaint must be filed within two years from the date the cause of action arose. This would mean two years from the day the deficiency in service or defect in goods has arisen/detected. Though the complainant explained many reasons like transfer of concerned Bank manager and his transfers to various places for not taking immediate action, the same reasons are not maintainable and we opine that, the case is barred by limitation by following a Judgment by Hon'ble Supreme Court in State Bank of India Vs B.S. Agriculture Industries (I) dt.20/3/2009. Hence, the case is liable to be dismissed and complainant is not entitled for any reliefs prayed in the compliant.
6. Point:3: In the result, the complaint is dismissed with no costs. Dictated to the Steno-typist, transcribed by her, corrected by me and pronounced by us in the Open Commission on this the 21stof August, 2024. Sd/- Sd/- Sd/-
MEMBER LADY MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Complainant For Opposite Party Affidavit Filed Sri A.Harinath, Deputy Manager of Opposite Party
EXHIBITS MARKED
For the Complainant Ex.A1 - Request for stop payment of cheque No.160982, dt:25.10.2006 Ex.A2 - Payment of Cheque Stop payment charges of Rs.110, dt:25.10.2006 Ex.A3 - Clearance of stopped cheque No.160982 for Rs.1,00000/-, dt:28.10.2006 Ex.A4 - complaint for clearing the stopped cheque despite stop payment request requesting credit back, dt: 28.11.2006
Ex.A5 - Copy of mail to the SBI customer service, 13.09.2020 Ex.A6 - Copy of mail to customer.care@sbigeneral.in, dt: 10.09.2020 Ex.A7 - Copy of mail intimating closure of complaint with remarks "Thank You",
10.09.2020
Ex.A8 - Reply mail directing the complaint to meet the Brach Manger, Sbi of concerned branch, 14.09.2020
Ex.A9 - Reply mail from "customercare.sbi.co.in" directing the complainant to meet the nodal offer, SBI, dt: 14.09.2020
Ex.A10 - Copy of mail agmcustomer.inhohyd.sbi.5916 intimating that no action from the branch manager, dt: 02.02.2021
Exhibits marked for the Opposite Party:
Ex.B1 - Account statement from 01.10.2006 to 21.03.2007 Sd/- Sd/- Sd/-
MEMBER LADY MEMBER PRESIDENT
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