J KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

APPEAL NO.712/09

JUDGMENT DATED 4.4.11

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

SHRI.S.CHANDRAMOHAN NAIR                    --  MEMBER

A.Vincent, Green Land Travel Service,

Kovalam, Vizhinjam P.O,

Thiruvananthapuram now                                   --  APPELLANT

Residing at TC.47/1053, Viji Bhavan,

Poonthura P.O,

Thiruvananthapuram.

   (By Adv.C.S.Rajmohan)

                   Vs.

The Branch Manager,

Bank of Baroda,                                                  --  RESPONDENT

Vanchiyoor Branch,

Thiruvananthapuram.

  (By Adv.K.G.Mohandas Pai)

JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT

           The appellant is the   complainant in OP.494/03 in the file of CDRF, Thiruvananthapuram.  The complaint stands dismissed.

          It is the case of the complainant that he had deposited a DD for Rs.16,419/- with the opposite party/bank on 2.4.02 in his account and the same is seen not credited.  The amount is mentioned in the counterfoil of the paying slip received on depositing the DD.  When the complainant noticed that the amount is not credited  he sent a letter on 7.7.03 to the opposite parties.

          The opposite parties/bank has contended that in fact it was not   the DD for Rs.16,419/- that was deposited on the particular date.   He complainant had deposited a cheque for Rs.43,977/- on 2.4.02 as per pay-in-slip No.68428.  The same was credited in his account.  The rest of the contentions are false and denied.

          The evidence adduced consisted of the testimony of PW1, DWs 1 & 2, Exts.P1 to P3 and D1 to D6.

          The Forum has dismissed the complaint as it was found that the documents produced by the opposite parties and the evidence adduced clearly indicated that it was cheque for Rs.43,977/- that was deposited on 2.4.02 and not DD for Rs.16,419/-.   The Forum has relied on the direct evidence  tendered by DW2  the then Manager of the Bank who has testified as to the correction effected by him in Ext.D1 pay-in-slip.  The pass book of the complainant as well as Ext.D2, the copy of the ledger and Ext.D3 statement of account and Ext.D6 series the paying slips   6 in numbers clearly prove that Rs.16,419/- written in Ext.D1 pay-in-slip  and Ext.P1 counterfoil on 2.4.02 was a mistake on the  part of the complainant  and the same was corrected by the concerned bank officials in Ext.D1 and the same was verified and authenticated by DW2 , the Manager.

          On a close scrutiny  of the order of the Forum and the records produced, we find that there is no illegality in the order of the Forum.  The Forum has considered the evidence in detail.  The complainant could not produce the counterfoil of the deposit of cheque for Rs.43,977/- as   undertook by him before the Forum.  We find that nothing has been brought out in the cross examination of DW2 to discredit his evidence.  On the other hand, the complainant could not re-collect anything with respect to the  particulars of the disputed DD.  He cannot be remember the issuing bank of the DD, the drawer of the DD, the service  for which the DD was given to him.  Further it is after  one year and 3 months that he found out with the DD has not been encashed.  He is not in possession of any supporting document to establish that such an amount was due to him from any of his customers.  He is a person running travel services at Kovalam.  Further Ext.B6 series the paying slips of which Ext.  D1 is a part and Ext.D2 copy of the ledger and D3 statement of account would show that the cheques deposited on the particular day  was encashed. 

 In the circumstances, we find that there is no illegality in the order of the Forum.  There is no merit in the appeal filed.  The appeal is dismissed.

          The office will forward the LCR along with the copy of this order

to the Forum urgently.

 JUSTICE  K.R.UDAYABHANU --  PRESIDENT

 S.CHANDRAMOHAN NAIR --  MEMBER