JUSTICE V.K. JAIN PRESIDING MEMBER (ORAL) The complainant / appellant deposited a cheque of Rs.50.00 lacs with the Malviya Nagar Branch of the respondent Axis Bank on 10.4.2018. The cheque however, was returned vide remarks dated 11.4.2018 to the effect that the cheque was stale / outdated. Being aggrieved, the appellant / complainant approached the concerned State Commission by way of a consumer complaint, alleging deficiency on the part of the respondent in rendering services to him. 2. The complaint was resisted by the respondent, which inter-alia stated in its reply that the cheque which was valid only till 11.4.2018 was deposited with them late in the evening of 10.4.2018 and therefore it was to be presented for the business date on 12.4.2018. Since it was stale on 12.4.2018, it was returned vide letter dated 17.4.2018. 3. The State Commission having dismissed the consumer complaint holding that there was no deficiency on the part of the respondent in rendering service to the complainant, the appellant / complainant is before this Commission by way of this appeal. 4. As per RBI Circular dated 04.11.2011 delivered by the appellant / complainant, the banks are required not to make payment of the cheques if they are presented beyond the period of three months from the date of such instruments. The cheque in question, having been deposited by the complainant / appellant late in the evening of 10.4.2018, it shall be deemed to have been deposited with the respondent bank only on 11.4.2018. As per the normal banking practice, the cheque is sent to the clearing house on the working day next to the day on which the cheque is deposited with the collecting bank. Therefore, the respondent bank was expected to send the aforesaid cheque to the clearing house only on 12.4.2018. In other words, in the ordinary course, the cheque would have reached the bank on which it was drawn, only on 12.4.2018. 5. The next question which arises for consideration is as to whether the cheque in question would be stale on 12.4.2018 or not. The learned counsel for the appellant / complainant himself has referred to the decision of the Hon’ble High Court of Delhi in H.D. Gumber Vs. Ashok Sachdeva 2012 IV AD (Delhi) 370, where a cheque was drawn on 23.11.2002 and therefore, it was held that the period of six months within which it could be presented to the bank on which it was drawn, expired on 22.5.2003. In that case, the cheque was presented by the complainant on 23.5.2003. It was held that it was presented one day after the expiry of the statutory period of six months. Going by this Judgment, the cheque in question could be presented to the bank on which it was drawn, not later than 11.4.2018, since it would be stale if presented to the said bank on 12.4.2018. 6. It is contended by the learned counsel for the complainant / appellant that the respondent bank should have sent the cheque to the bank on which it was drawn, on 11.4.2018 itself, it being valid on that day. However, the appellant / complainant has not placed on record any Rule / Guidelines, Circular / Instructions requiring the bank with which a cheque drawn on other bank is deposited, to send the said cheque to the clearing house on the same day on which it is deposited. As noted earlier, since the cheque in question was deposited with the respondent Axis Bank late in the evening of 10.4.2018 it shall be deemed to have been deposited with the said bank on 11.4.2018 during normal banking hours. Therefore, in the regular course of its business, the respondent bank was required to send this cheque to the clearing house on the next working day i.e. 12.4.2018. Since the validity of the cheque expired on 11.4.2018, the respondent bank in my opinion, was fully justified in not sending it to the clearing house for presenting the same to the bank on which it was drawn. The respondent bank therefore, cannot be said to be deficient in rendering services to the appellant / complainant. The appeal being devoid of any merit is hereby dismissed. |
