District Consumer Redressal Forum, Sahibganj

                                                                                 Date of Complainant- 16.05.08

                                                                                      Date of Order        - 27.08.08

Case no. CC/27/2008

Sashi Ranjan Singh

S/o Baijnath Prasad

Transit Flat, Ground Floor, Sakrogarh,

Dist. – Sahibganj.                                                                                            Complainant

Versus

Branch Manager

S.B.I. Main Branch, Sahibganj                                                                       Opposite Parties

For the Complainant                           - Sri Surya Narayan Yadav, Advocate.

For the O.P.                                        - Sri P.N. Tiwary, Advocate.

JUDGEMENT

1.  The complainant deposited cheque 283329 of Rs. 77,116 on 12.10.07 before O.P. no. 1 and the cheque was issued by Karvey computer share private Limite, Hyderabad. Even after lapse of more than six months no clearance of the amount taken place due to negligence and misdeed of the bank machinery. The complainant sent letter on 24.04.08 but no reply was given by the O.P. It is alleged that O.P. is duty found to clear the amount of the cheque along with Rsl 50,000 compensation from O.P. due to negligence and misleads of the O.P. The complainant has filed photocopy of relevant documents marked annexure I to III in the case.

2.  The O.P. appeared and contested the case by filing written statement. He has admitted about the deposit of cheque in question 23.11.07 and not on 12.10.07 as alleged. It is alleged that O.P. bank sent

the cheque in question for collection on 03.12.07 vide postal receipt no 1156 but is has not been received as yet. The O.P. received the letter of complainant dated 24.04.08 on 25.04.08. It is also alleged that in the matter of clearance bank is not responsible, bank can only pay delayed interest. It is finally alleged that there is no deficiency on the part of the O.P. and he is not deficiency on the part of the O.P. and he is not liable to pay any compensation. At best bank can only pay delayed interest compensation. At best bank can only pay delayed interest compensation and interest can not run together as per natural justice. The O.P. has filed photo copy of postal receipt no. 1156 dt 03.12.07 and postal bank dt 03.12.07 after conclusion of the final argument on 22.08.08 of this case.

FINDINGS

3. We carefully examined the pleadings of the parties and the photo copy of documents filed by complainant and O.P. It has been well admitted that complainant deposited cheque no. 283329 worth Rs. 77,116/- issued by Karvy computer share Pvt. Ltd. Hyderabad before O.P. on 23.11.07. Admittedly the cheque amount has not yet been deposited in the S.B.I. account no. 01190027620 of the complainant standing in the bank of O.P. The complainant has clearly alleged that he repeatedly contacted O.P. for clearance of his cheque but of no use. Ultimately he sent letter on 24.04.08 to O.P. but also of no avail. The O.P. has admitted the receipt of the said letter on 25.04.08 but admittedly he did not take trouble to reply the letter of the complainant, the reason best known to him. The O.P. has claimed to send cheque in question for collection on 03.12.07 vide postal receipt on 1156 and the same has yet not been received after collection. The O.P. has filed photo copy of postal receipt and postal book of Bank which shows that cheque in question was sent to Bombay and not Hyderabad ,A.P. from where it was issued. We are unable to understand why it was sent to Mumbai for collection instead of Hyderabad. The O.P. has not made it clear either in W.S. or in the notes of argument. In our opinion if actually cheque was sent for clearance by O.P. it should have been brought to the notice of the complainant by way of reply to his letter dt 24.04.08 which was admittedly received by O.P. on 25.04.08

4.  In out opinion after receipt of the cheque of the complainant it was bounden duty of the O.P. to get it cleared within a reasonable time and further get it deposited in the account of the complainant. We have no hesitation to mention here that due to negligence and carelessness on the part of O.P. Bank the complainant has been deprived of his cheque amount more than eight months. We find that O.P. bank is grossly negligen and also deficient in providing service to the complainant. We direct the O.P. bank to get the cheque in question cleared within a month from the date of his order and deposit the same in the account of the complainant with prescribed penal interest of the bank. We further direct O.P. to pay Rs. 10,000 as compensation for mental agony and harassment caused to complainant, together with Rs. 2,000 litigation cost. In case of failure in compliance of the order within time, O.P. has to pay interest 12 percent on the whole amount till payment.

            Copy of order be given to both parties, free of cost.

Uttam Kumar Sinha                            Manjula Tudu                                   Shyam Kumar Mishra   

        Member                                             Member                                         President

DCF, Sahibganj                                  DCF, Sahibganj                                  DCF, Sahibganj