National Clearing Cell, Reserve Bank of India vs S. Amose and Others

Ar. Ramalingam, J.—Heard the arguments of either side in the light of connected material papers.

This Civil Revision petition has been filed by one of the proposed parties viz., National Clearing Cell, Reserve Bank of India, Chennai against

the order passed by the District Consumer Disputes Redressal Forum, Kanyakumari District on 16.12.2002 in C.M.P. No. 24 of 2002 in

O.P.No. 45 of 2002.

Facts loading the said order is to be stated as follows:

The complainant viz., S. Amose seems to have produced a cheque for collection, received from one Devaraj on 25.8.2001 drawn on Union Bank

of India, Ashok Nagar Branch, Chennai and the said cheque was not honoured on the basis that there was no sufficient funds in the account of

Devaraj. However, it was also informed by the Branch Manager, State Bank of Travancore an associate of State Bank of India, Service Branch

through the Branch Manager, State Bank of Travancore, Thiruvidhancode Branch on 5.12.2001 to the effect that the said cheque was lost in

transit. However, the said banks have also received a consideration of Rs. 27 as clearing charges. Therefore, the complainant happened to file the

O.P. before the Consumer Disputes Redressal Forum, Kanyakumari. Therefore, the complainant has filed C.M.P.No. 24 of 2002 in that O.P. for

impleading the Branch Manager, Union Bank of India, Ashok Nagar Branch and National Clearing Cell, Reserve Bank of India, Chennai as

proposed parties with the reasons that the above said existing parties have no counter for such impleading of proposed parties and that the

proposed parties are necessary parties for proper adjudication. On the other hand, the proposed parties 1 and 2 filed separate counters to the

effect that they are not necessary and proper parties for proper adjudication before the Consumer Disputes Redressal Forum and particularly,

National Clearing Cell, Reserve Bank of India is not at all a necessary party nor proper party and that particularly there is no cause of action

against Reserve Bank of India in this matter and that the complainant is not at all a consumer of Reserve Bank of India within the meaning of

Consumer Protection Act 1986 and that further the Reserve Bank of India cannot be regarded as rendering any service to the private parties like

the complainant and that as the National Clearing Cell, Reserve Bank of India handled the instrument in question at any stage nor rendered any

service to the complainant and there is no consumer and service provider relationship between the complainant and Reserve Bank of India and in

such circumstances, the petition is liable to be dismissed against National Clearing Cell, Reserve Bank of India.

After having considered the contentions of either side, the Consumer Disputes Redressal Forum has allowed the petition with a view to avoid

multiplicity of proceedings and for proper disposal of the complainant''s petition. Aggrieved against such order, this civil revision petition has been

filed.

Only point for consideration is whether the order passed by the Consumer Disputes Redressal Forum, Kanyakumari is correct and justified.

It is obvious that National Clearing Cell, Reserve Bank of India has no direct dealings with private parties and that there is no relationship of

consumer and service provider between the complainant and National Clearing Cell, Reserve Bank of India and in such circumstances, it is not

necessary for impleading the National Clearing Cell, Reserve Bank of India as a party to the petition before the said Forum. On the other hand, it

is to be pointed out that if at all at the time of final enquiry of the said O.P. before the said Forum, the persons concerned in the National Clearing

Cell, Reserve Bank of India can be cited and examined as witness to explain the things that may be necessary for proper disposal of the petition.

There should not be multiplicity of proceedings by allowing the C.M.P. by impleading National Clearing Cell, Reserve Bank of India in the

proceedings before the said Forum. In such circumstances, I am of the view that the order passed by the Consumer Disputes Redressal Forum,

Kanyakumari for impleading National Clearing Cell, Reserve Bank of India as one of the parties is not correct and justified and it is also not

necessary.

The order passed by the District Consumer Disputes Redressal Forum, Kanyakumari to C.M.P. No. 24 of 2002 in O.P.No. 43 of 2002 so far

as it relates to impleading National Clearing Cell, Reserve Bank of India is liable to be set aside and accordingly it is set aside. Consequently, the

civil revision petition is allowed. No costs. The connected C.M.P. is closed. The said Forum is directed to dispose of the O.P. itself within one

month from the date of receipt of this order.