1. Brief fact of the case of the complainant is that he is an account holder under the O.P. – Bank vide account no. 463702010026840. The allegation of complainant is that he deposited an account payee cheque bearing no. 124063 for Rs. 48,605/- in his account but the same was not credited.  On many approaches to O.P. regarding non credit the said cheque, they only assured to credit the same, but did not do so, whereas as per statement of O.P. – Bank that the same cheque was sent by them to their service branch at Bhubaneswar vide QCC no. 01 dated 31.12.2013 and the same is misplaced, thus being harassed mentally and financially, complainant filed this case with a prayer to direct the O.P. to credit the cheque amount with 24% interest and to pay Rs. 50,000/- and Rs. 10,000/- towards compensation and costs to him.

2. The O.P. appeared in this case but did not choose to file their counter inspite of ample opportunities given to them, as such instead of giving further adjournments, we decided to post the case for hearing as per our order no. 22 dated 08.11.2018, however, the O.P. – Bank participated in the hearing.

3. Only complainant has filed certain documents in support of his allegations.

4. Heard from the A/R for respective parties.  Perused the case record and material documents available therein.

5. It is documentary fact that the complainant is an account holder under the O.P. – Bank vide account no. 463702010026840.  Complainant filed document to that effect.  It is also documentary fact that he deposited an account payee cheque bearing no. 124063 for Rs. 48,605/- in his account but the same was not credited and on many approaches to O.P. regarding non credit the said cheque, he received only assurance from the O.P. – Bank and as per statement of O.P. – Bank, the said cheque was sent to their service branch at Bhubaneswar vide QCC no. 01 dated 31.12.2013 and the same is misplaced on transit.  Complainant filed document to that effect.  Whereas O.P. – Bank, though appeared, but did not to file their counter, however during hearing, only have submitted that since the alleged cheque was returned to them unrealized by their service branch, was lost during transit.

6. From the documents filed by the complainant and his submissions, it is ascertained that the alleged cheque was drawn by PACL Limited which is already shut down in the market since years.  It is also ascertained that due to lost of cheque in the transit, the O.P.-Bank has issued one certificate on dated 21.05.2014 for issue of duplicate cheque from the drawer i.e. PACL Limited which have no existence in the market during the said period.  Hence complainant is directed to take shelter in the proper court of law to recover his invested amount of Rs. 48,065/- vide cheque no. 124063 from the said company i.e. PACL Limited.

7. From the documents it is also ascertained that the said cheque was sent by the O.P. – Bank to their service branch situated at Bhubaneswar vide QCC No. 01 dated 31.12.2013, which was returned to O.P. – Bank unrealized but the same was lost during transit.  Further it is ascertained that the O.P. – Bank has taken no steps to trace out the missing cheque, rather they have simply issued a certificate for issue of duplicate cheque from the drawer.  It is a fact that that being a consumer / customer under the O.P. – Bank, the complainant having faith and trust, used to make all types of transactions with them with a good faith to have secure his hard earnings, but in the instant case, the complainant has lost his faith and trust due to missing of his deposited cheque vide no. 124063 of Rs. 48,605/- which he had deposited with the O.P.-Bank for realization.  Had the O.P. – Bank returned the alleged cheque to the complainant in time with safe, complainant could have tried his level best to realize the same, but due to improper service by the O.P. – Bank complainant lost his deposited amount, which is clear case of deficiency in service, which results the present disputes.  Hence this order.

                                                                                                 ORDER

The complaint petition is allowed in part.  The O.P. – Bank is herewith directed to pay Rs. 5,000/- towards causing mental agony and financial loss and Rs. 1,000/- towards costs of litigation to the complainant within one month, failing which, the compensation amount shall carry interest @ 10% p.a. from the date of lost of cheque i.e. 21.05.2014 till payment.

Pronounced the order in the open Forum on this the 3^rd day of September, 2020.

Issue free copy to the parties concerned.