The present complaint pertains to deficiency of service as provided under the Consumer Protection Act-1986 and its brief history is as follows:-<br /> <br /> The Complainant is a consumer of the Opposite Party No.1(one) and No.2(two). The Opposite Party No.2(two) issued a cheque bearing No. 554624 for Rs. 15,300/-(Rupees fifteen thousand three hundred)only of State Bank of India, Padampur Branch against the S.B. Claim of Life Insurance Corporation of India Policy No. 591759735 of the Complainant. The Complainant deposited the cheque in his account No. 492010100031745 in AXIS Bank ltd, Bargarh Branch. But the cheque was neither credited in the account of the Complainant nor returned as dishonored by the Opposite Party No.1(one) till the date of filing of the this complaint, in spite of repeated queries and requests made to the officials of the Opposite Parties No.1(one) and No.2(two), by the Complainant. Due to non supply of information regarding the cheque the Complainant was not in a position to request for issuing a fresh cheque or file any case Under Section 138 of N.I. Act. On Dt. 02/05/2008 the Complainant issued a notice to Opposite Party No.1(one) through Dolphin Courier Service, Bargarh demanding appropriate steps to be taken for collection of the cheque or provide information for the delay in collection, within seven days of the receipt of the notice. The notice was duly received by the Opposite Party on Dt. 03/05/2008 but the Opposite Party did not take any action nor cared to reply to the notice. The Complainant was in urgent need of the money for medical treatment of his father. <br /> <br /> The Complainant contends that, the Opposite Parties have been grossly negligent and deficient in service by illegal withholding of the cheque for more than two months, by which the Complainant suffered heavy financial loss, mental agony and physical harassment. He claims the original cheque amount of Rs. 15,300/- (Rupees fifteen thousand three hundred)only along with interest @ 18%(eighteen percent) from the date of deposit of the cheque to the date of Order of by this Forum with Rs. 20,000/- (Rupees twenty thousand)only towards the financial loss, Rs. 10,000/-(Rupees ten thousand)only for inconvenience, frustration, physical and mental harassment and Rs. 10,000/-(Rupees ten thousand)only towards the litigation expenses.<br /> <br /> The Opposite Party No.1(one) in its version questions the maintainability of the case It admits the deposit of the cheque in question by the Complainant in the Bank of the Opposite Party No. 1(one) on Dt. 20/03/2008. The said cheque was sent by the Opposite Party No.1(one) to State Bank of India, Padampur, for collection on Dt. 24/03/2008 through a Regd. Post which was duly received by the State Bank of India, Padampur. But the said bank did not send the proceeds of the cheque to the Opposite Party No. 1(one) for a pretty long period, for which this Opposite Party could not credit the same in the account of the Complainant. The Opposite Party No.1(one) denies that the Complainant asked its officials several times regarding the non credit of the cheque amount and that this Opposite Party failed to respond. He contends that, he has personally intimated the technical problem to the Complainant. He says that, he has replied to the notice of the Complainant through courier service on Dt. 17/05/2008, which was returned unserved with the endorsement that, the shop of the addressee was closed. He further contends that he regularly followed up with the State Bank of India, Padampur for collection by way of inquiry letter and regular telephone calls. Ultimately, this Opposite Party sent a letter to the Deputy General Manager, State Bank of India, Zonal Office Sambalpur, on Dt. 02/06/2008 to advise the concern Branch Manager to send the proceeds of the cheque without further delay. This Opposite Party received the proceeds of the cheque of Rs. 15,300/-(Rupees fifteen thousand three hundred)only on Dt. 24/06/2008 and immediately credited the same in the Saving Bank Account of the Complainant. Apart from that, on Dt. 18/07/2008 a sum of Rs. 109/-(Rupees one hundred nine)only was credited to the account of the Complainant by this Opposite Party as interest as per saving bank interest rate for the delay collection of the out-station cheque. This Opposite Party asserts that, he has discharged his duty honestly, sincerely and promptly and it is only due to the negligence of the Opposite Party No.2(two) that the collection of the proceeds of the cheque amount was delayed and hence there is no deficiency of service by this Opposite Party towards the Complainant, the Complainant has also not proved any financial loss and complaint be dismissed with cost Under Section 26 of Consumer Protection Act-1986.<br /> <br /> The Opposite Party No.2(two) and No.3(three) have been set ex-parte as they did not appear though service was sufficient.<br /> <br /> Perused the complaint, the version of the Opposite Party No.1(one), along with the copies of documents filed by the parties and find a s follows:<br /> <br /> The fact of the Complainant having deposited a cheque for Rs. 15,300/-(Rupees fifteen thousand three hundred)only in his account in the Opposite Party No.1(one) Bank, Bargarh Branch on Dt. 20/03/2008 is admitted and that this Opposite Party could not credit the same in the account of the Complainant as the State Bank of India, Padampur Branch, to which it was sent for collection, did not send the proceeds of the cheque for a pretty long period. As regards providing information to the Complainant for the delay in collection of the cheque even after the Complainant issued a notice to the Opposite Party No.1(one) on Dt. 02/05/2008, the Opposite Party No.1(one) takes the plea that its reply to the notice was returned unserved as the shop of the Complainant was closed, as endorsed by the Dolphin Courier service through which it was sent. The fact remains that the notice to the Opposite Party No.1(one) was sent by the Complainant with his home address, so sending its reply to the shop of the Complainant does not arise. It could only be a step to cover up its negligence of duty by the Opposite Party No.1(one).<br /> <br /> The Opposite Party No.1(one) has written to the Deputy General Manager, State Bank of India, Zonal Office, Sambalpur on the delay in the collection of the cheque in question on Dt. 02/06/2008 only after filing of this complaint on Dt. 14/05/2008 and issuing a notice to the Opposite Party No.1(one) on Dt. 02/05/2008 by the Complainant. This proves that the Opposite Party No.1(one) has swung into action when the Complainant was compelled to knock the door of this Forum against the sleeping over the matter, particularly by the Opposite Party No.1(one). The Opposite Party No.3(three) State Bank of India, Padampur Branch has not appeared to explain the delay committed on its part for the collection of the cheque. This negligence on the part of Opposite Party No.1(one) and No.3(three) resulting in the delay in the collection of the cheque depriving the Complainant of the benefit of the money, amounts to deficiency of service committed by the Opposite Party No.1(one) and No.3(three) towards to Complainant.<br /> <br /> No cause of action has been made out against the Opposite Party No.2(two) as the cheque issued by it has not been dishonored and delay in collection was owing to the negligence of the Opposite Party No.1(one) and No.3(three). The Complaint is dismissed so far as the Opposite Party No.2(two) is concerned. <br /> The Complainant has not proved his financial loss to the tune of Rs. 20,000/-(Rupees twenty thousand)only due to the delay in collection of the cheque.<br /> <br /> In the result, the Opposite Party No.1(one) and No.3(three) are directed, jointly and severally, to pay to the Complainant Rs.3,000/-(Rupees three thousand)only towards cost/ compensation within thirty days hence failing which the awarded amount shall carry 12%(twelve percent) interest per annum, till payment.<br /> <br /> Complaint allowed accordingly.<br />