Presented by Sri B. K.Pati, Member .<br /> In brief, the case of the Complainant is that on D.31/03/2008 he deposited a cheque of Reserve Bank of India, Nagpur Branch for an amount of Rs.3,800/-(Rupees three thousand eight hundred)only to be collected in his State Bank of India, Padampur Branch account number 11530004216. On the same day the Opposite Party Bank after confirming through Internet that the issuing authority had sufficient money for encashment of the said cheque, deducted Rs.60/-(Rupees sixty)only from the cheque amount towards service charges and credited Rs.3,740/-(Rupees three thousand seven hundred forty)only the account of the Complainant. The Complainant withdrew the amount on Dt.05/04/5008 in A.T.M. Counter at Nagpur, on Dt.29/08/2008 the Complainant submitted withdrawal form to withdraw Rs.500/-(Rupees five hundred)only from State Bank of India, Padampur Branch but the concerned clerk returned the withdrawal form stating that there was no such amount in the account though Rs.1003.34/-(Rupees one thousand three and thirty four paise)only was balance in his account on that date. The Complainant came to know that his account was seized as the cheque could not be collected due to delayed submission by the Opposite Party Bank for which the Reserve Bank of India, Nagpur refused to honour the cheque. The Complainant vide his Regd. Letter Dt.22/10/2008 requested to up date his account and restore functioning of the A.T.M. transaction of the account within 15(fifteen) days after receipt of the letter. The Bank directed the Complainant to deposit Rs.3,740/-(Rupees three thousand seven hundred forty)only in his account for the functioning of the A.T.M. transaction. The Opposite Party Bank has not up dated the account and the A.T.M. transaction for which the Complainant is suffering mentally, physically and in his business. He claims a compensation of Rs.50,000/-(Rupees fifty thousand)only from the Opposite Party Bank for causing such sufferings. <br /> <br /> The Opposite Party in its version admit the deposit of a cheque of Reserve Bank of India, Nagpur Branch for an amount of Rs.3,800/-(Rupees three thousand eight hundred)only but denies that the cheque could not be collected as the same was not sent to Reserve Bank of India, Nagpur for collection due to negligence of the Opposite Party Bank. The Opposite Party contends that the cheque issued on Dt.15/01/2008 was submitted by the Complainant on Dt.31/03/2008 which has a validity period of only three months. The Complainant assured to co-operate the Opposite Party in case the cheque could not be collected in time as there was only fifteen days left for the purpose and the Opposite Party deducted Rs.60/-(Rupees sixty)only towards collection charges and sent the cheque to Reserve Bank of India, Nagpur Branch for collection which was received by the said Branch on Dt.10/04/2008. In view of the nature of the cheque, the Opposite Party awaiting collection, credited Rs.3,740/-(Rupees three thousand seven hundred forty)only in the account of the Complainant which the Complainant withdrew while operating the account. The cheque whose validity was till Dt.15/04/2008, only fifteen day left by the time it was presented to Reserve Bank of India, Nagpur to clearing. Consequently, this was returned unpaid by the Reserve Bank of India, Nagpur. The Opposite Party was intimated about this fact through State Bank of India, Service Branch, Nagpur on Dt.23/04/2008. The Opposite Party requested the Complainant to revalidate the cheque but Complainant did not take delivery of the same from the Opposite Party with the contention that he has given the cheque with in the period of validity and advised the Opposite Party to do the needful at its end. The Opposite Party made correspondence with the payee Branch consequently in A.T.M. facility was automatically seized/with held. But in spite of the delicacy of the Opposite Party, the Complainant served a notice on the Opposite Party on Dt.22/10/2008 to update the account and functioning of the A.T.M.. In response, the Opposite Party has again credited the amount deducted i.e. Rs.1003.34/-(Rupees one thousand three and thirty four paise)only consisting of minimum balance of Rs.500/-(Rupees five hundred)only to the account of the Complainant on Dt.15/12/2008 i.e. (prior to the date of institution of the present proceeding). The Opposite Party says that it sent the cheque in time for collection and the circumstance under which the cheque could not be collected from the payee Branch is not known to the Opposite Party and this Opposite Party has not role in it. This Opposite Party has not caused any deficiency in providing service to the petitions and hence the petitioner is not entitled to get any relief or compensation from this Opposite Party Bank and the Complainant is liable to be dismissed with cost.<br /> <br /> Perused the complaint petition, Opposite Party's version as well as the copy of documents filed by the Parties and find as follows:-<br /> <br /> The cheque in question was issued on Dt.15/01/2008 and admittedly the same was deposited by the Complainant for collection on Dt.31/03/2008, to be collected from the Reserve Bank of India, Nagpur Branch for which only fifteen days validity period was left to make the entire transaction complete. The cheque was sent by the Opposite Party for collection and the same was received by State Bank of India, Service Branch, Nagpur on Dt.10/04/2008. The Opposite Party has credited Rs.3,740/-(Rupees three thousand seven hundred forty)only (after deducting the service cheque of Rs.60/-(Rupees sixty)only from the cheque amount) in his account which the Complainant has withdrawn. The validity of the cheque has lapsed by the time it was presented to Reserve Bank of India, Nagpur through clearing and it was returned unpaid by the Reserve Bank of India, Nagpur. This Opposite Party was intimated about this fact through State Bank of India, Service Branch, Nagpur on Dt.23/04/2008. The Complainant has not responded to the request of the Opposite Party to revalidate the cheque and the A.T.M. facility of the Complainant was automatically seized/with held. After receiving of the notice Dt.22/10/2008 from the Complainant to update his account and functioning of the A.T.M. the Opposite Party has again credited the amount deducted i.e. Rs.1003.34/-(Rupees one thousand three and thirty four paise)only(including the minimum balance of Rs.500/-(Rupees five hundred)only in the account of the Complainant on Dt.15/12/2008.<br /> <br /> The fact and circumstance reveal that the Opposite Party Bank has not committed any deficiency of service towards the Complainant. Rather, it has credited the cheque amount after deducting the service charges of Rs.60/-(Rupees sixty)only in the account of the Complainant before the collection of the said amount even though only fifteen days of validity period of the cheque was left while it was submitted for collection by the Complainant. The Complainant withdrew the amount and while the account and the operation of the A.T.M. was seized in view of the lapse of the cheque only Rs.500/-(Rupees five hundred)only was left (excluding the minimum in the an account) which was only a fraction of what the Opposite Party Bank had already paid to the Complainant before the collection of the cheque amount.<br /> <br /> In view of the above finding, it is concluded that the Opposite Party Bank has not committed any deficiency of service towards the Complainant.<br /> Consequently, the complaint is disallowed.<br /> No cost/compensation.