Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.01.2017
Smt. Karishma Mandal
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay the amount of cheque i.e. Rs. 12,500/- with 18% interest.
- To direct the opposite parties to pay Rs. 50,000/- ( Rs. Fifty Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 10,000/- ( Ten Thousand only ) as Litigation Costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has filed this case on a legal prescribed format only stating therein that the complainant submitted a cheque of L.I.C. in I.C.I.C.I Bank i.e. opposite party no. 1. The aforesaid cheque was issued from L.I.C. Jehanabad being cheque no. 4947003 for the amount of Rs. 12,500/-. The aforesaid cheque was sent to I.C.I.C.I Bank on 08/09.02.2007 as will appear from annexure – 1.
It is further case of the complainant that despite laps of period of two years the aforesaid amount was not credited in the complainant’s account despite repeated request by the complainant.
On behalf of opposite party no. 1 a written statement has been filed stating therein that a cheque no. 497003 for Rs. 12,500/- issued by L.I.C. Jehanabad drawn on S.B.I. Jehanabad in favour of complainant has been deposited on 08.09.2007 in the account no. 625901116420.
In Para – 4 of written statement the opposite party no. 1 has stated as follows, “the answering opposite party had sent the cheque in question to the drawee Bank (S.B.I. Jehanabad) on 14.02.2007 vide schedule no. 6/2006/43887 and reference no. CUCCA RN/0290.” When neither aforesaid cheque was not cleared by opposite party no. 2 (S.B.I.) nor there was any reply on behalf of opposite party no. 2 then opposite party no. 1 sent a letter to S.B.I. Jehanabad asking him to furnish the status of aforesaid cheque. Opposite party no. 1 again wrote a letter on 17.07.2007 requesting the opposite party no. 2 to obtain a debit certificate with regard to cheuqe in question but the complainant too did not sent any debit certificate nor the particular of manner in which the S.B.I. Jehanabad had sent the debit certificate to the complainant.
It is the case of the opposite party no. 1 that despite repeated request neither the Drawee Bank nor the complainant did furnish the material which could enable the opposite party no. 1 to do something in the matter.
In Para – 16 of the written statement, the opposite party no. 1 has asserted as follows, “ that the complainant had informed through a letter dated 01.07.2008 that the S.B.I., Jehanabad has admitted that the amount covered by the cheque in question has been debited on 19.03.2007 from the account of L.I.C. Jehanabad.”
The opposite party no. 1 has asserted that it is the S.B.I., Jehanabad ( opposite party no. 2) who is responsible for non – payment of amount covered by aforesaid cheque and as such opposite party no. 1 is not responsible in any manner either for compensation or litigation.
So far opposite party no. 2 is concerned a Vakalatnama was filed on behalf of opposite party no. 2 on 25.04.2016 but despite several adjournments no written statement was filed on behalf of opposite party no. 2.
Heard and examined the record of this case.
It is the case of the complainant that a cheque bearing no. 497003 for Rs. 12,500/- issued by L.I.C. Jehanabad drawn on S.B.I. Jehanabad in favour of the complainant had been deposited on 08.09.2007 in the bank account no. 625901116420 of I.C.I.C.I Bank (opposite party no. 1) and the same has not been credited in his account after laps of more than two years four months.
On behalf of opposite party no. 1 it has been stated in Para – 4 of written statement that the said cheque in question was ent to the drawee bank S.B.I. Jehanabad on 14.02.2007 vide schedule no. 6/2006/43887 and reference no. CUCCA RN/0290.
It is needles to say that despite service of notice the opposite party no. 2 had approached very late and despite filing Vakalatnama no written statement has been filed. As the opposite party no. 1 has asserted the aforesaid fact in his written statement on affidavit hence we have no option but to accept the fact asserted by opposite party no. 1 in written statement because there is no counter version of the aforesaid fact by opposite party no. 2.
For the discussion made above it is crystal clear that there is serious deficiency on the part of opposite party no. 2 because since February 2007 he had not whispered about the aforesaid cheque and has not credited amount in the complainant’s account which is with opposite party no. 1.
For the reason stated above we direct the opposite party no. 2 to credit the amount of aforesaid cheque of Rs. 12,500/- in the saving account of complainant which is with opposite party no. 1 within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite party no. 2 will have to pay an interest @ 14% on the said amount till its final payment.
Opposite party no. 2 is further directed to pay Rs. 5,000/- ( Rs. Five thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
