Judgment : Dt.21.3.2017

            This is a complaint made by one Priyanka Roy, daughter of Rabin Roy, residing a 30/3, Netaji Subhash Road, Ward No.131, Behala, P.S.-Parnasree, Kolkata-34 against Allabahad Bnk, D. H. Road Branch, P.S.-Parnasree, Behala, Kolkata-34, praying for directing the OP (a) to return Rs.27,000/- in favour of the Complainant, (b) to make paying compensation of Rs.1,00,000/- and (c) litigation cost of Rs.25,000/-.

            Facts in brief are that Complainant has given a amount of Rs.27,000/- to OP No.1 out of trust because OP No.1 is full blood brother. After repeated requests Complainant received cheque of Allahabad Bank from A/c No.50036794227 of Rs.27,000/- of an account of Allahabad Bank branch. Complainant deposited this cheque at S.P.Mukherjee Road. On 30.12.2015 Complainant went to the Bank. But, the Bank gave an excuse that the crediting is still pending. This cheque remained untraced. Even for one month which reveals the negligence and deficiency of service and unfair trade practice. Finally, on 15.1.2016 Complainant give a notice to the Chief Manager of the Allahabad Bank requesting him to credit the process. On 12.2.2016 OP sent a letter to the Complainant where he admitted the loss of the cheque. In accordance with that Complainant again gave a letter to return back the money. After repeated requests to issue a fresh cheque, Complainant came to know that the account for which the cheque was given is running zero balance. So, Complainant filed this case.

            OP No.1 filed written version and denied the allegation of the Complainant. Further, it is stated that Complainant has deposited a cheque of Rs.27,000/-at OP No.1. On 14.12.2015 Complainant submitted a letter to OP No.1 with Xerox copy of the cheque on 15.1.2016 with a copy of the General Manager claiming to credit  her account with Rs.27,000/-. In reply to that Branch Manager of Allahabad Bank informed the Complainant that no such cheque is traceable and requested the Complainant to get a fresh cheque in lieu of the earlier cheque. Further, OP No1 has stated that this cheque was received in a commercial transaction which cannot be entertained by this Forum. Further this OP has stated that Complainant failed to establish the allegations. Further, this OP has stated that no cheque was deposited and so the complaint should be dismissed.

Decision with reasons

            Complainant has filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint, against which OP No.1 has filed questionnaire. OP No.1 has filed affidavit-in-reply against the Complainant’s questionnaire. OP No.1 has also submitted affidavit-in-chief where the facts mentioned in the written version has been asserted. Against this Complainant has filed questionnaire. Thereafter, OP No.1 filed affidavit-in-reply and the case was heard for argument.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the prayer portion of the complaint, it appears that Complainant has prayed for return of Rs.27,000/- from OP , Allahabad Bank, D.H. Branch.

            On perusal of the record, it appears that Complainant has filed Xerox copy of the cheque which he deposited with Allahabad Bank. Further, annexure B is a letter written by Complainant to the Chief Manager stating that the concerned Bank branch lost the cheque deposited  by you is of an account of zero balance. The cheque is not traceable at our end and as such you are requested to get a fresh cheque in lieu of the earlier cheque.

            This documents reveal that a cheque was deposited to the OP and any how it was lost. There is no material to establish that either Complainant or drawer of the cheque lost in. Even if it is accepted that due to negligence of the Bank the cheque was lost, it is not clear as to whether OP debited in the account of the drawer to the tune of Rs.27,000/-. As such, we are of the view that there is no doubt that Complainant was harassed for the loss of the cheque by the Bank. But, there did not take place any pecuniary loss for the harassment of the Complainant. If Rs.5,000/- for compensation and Rs.2,000/- as litigation cost is awarded, object of justice should be served.

            Hence,

ordered

            CC/269/2016 is allowed on contest. OP, Allahabad Bank is directed to pay Rs.7,000/- to the Complainant within two months of this order, in default the amount shall carry interest @ 12% p.a.