Bank pays for negligence, deficiency in services
Monday November 19 2007 11:10 IST
Mumbai: Maharashtra consumer disputes redressal commission recently reduced the amount of compensation to be paid to a consumer by the IDBI bank for dishonouring a cheque despite adequate balance in his account.
However, it refused to dismiss the order of the district forum awarding the compensation.
Prafullachandra Datye, a Ratnagiri-based lawyer, had his relative deposit a cheque of Rs 40,000 in his account on August 10 last year.
On the same day, Datye enquired with the IDBI bank as to the available balance in his account, which they said was Rs 50,805. Interestingly, they even entered the actual balance sum in his passbook.
Datye issued a cheque of Rs 35,000 in favour of one Madhusudan Limaye the next day. The same was, however, returned on the ground of insufficient funds and Rs 150 was debited as fine from Datye's account.
According to Datye, when the bank had shown Rs 50,805 as his balance, dishonour of the cheque was tantamount to "deficiency" in service. He filed a complaint with the district forum, claiming Rs 25,350 as damages for loss of reputation and mental agony, along with interest and also claimed cost of proceedings before the forum.
IDBI had told the forum that a cheque had been deposited and not cash, in the account of the complainant. The Rs 40,000 cheque was cleared only on the evening of August 11, while cheque issued by Datye to Limaye was presented on the morning of the same day.
The bank, claiming that there was no deficiency in service, sought dismissal of Datye's complaint.
THE NEW INDIAN EXPRESS