Presented by Sri G.S. Pradhan, President . <br /> Brief fact of this case is that, the Complainant deposited a cheque bearing No. SC 41353707 L 5258 of I.C.I.C.I. Bank in his Saving Bank Account No 30537396328 of State Bank of India, Sohella Branch. As per the norms the money, should be deposited in his account after one or two days but till date the money was not deposited. As the money was urgently required for his agriculture, he persuaded the matter several time but the Opposite Party did not take any action for realization of money. As the money was not credited in to his account he could not paid the crop insurance. The Complainant contends that, he approached the I.C.I.C.I. Bank and came to know that the cheque has been cleared on Dt. 27/06/2009 and the money has been remitted to account of State Bank of India. Not crediting the money even after one month and using the interest is a clear case of deficiency in service and unfair trade practice on the part of the Opposite Party Bank.<br /> The Complainant claims, the amount be credited in his account, Rs. 20,000/-(Rupees twenty thousand)only compensation for mental agony and Rs. 10,000/-(Rupees ten thousand)only for litigation cost. <br /> <br /> In its version the Opposite Party deny the allegation of deficiency in service towards the Complainant and challenges the maintainability of the case for non-joinder and mis-joinder of necessary party.<br /> <br /> The Opposite Party contends that, the cheque No. 5258 for Rs. 40,000/-(Rupees forty thousand)only deposited by the Complainant with the Opposite Party for collection and since the cheque was of other Bank and was outstation one and as per the cheque collection Rules, the cheque was send by the Opposite Party on Dt.22/06/2009 for collection thorough one of its clearing branch by way of Fly King courier service vide its serial No. 24436 Dt. 23/06/2009. The cheque presented by the Complainant was of value more than Rs. 30,000/-(Rupees thirty thousand)only i.e. Rs. 40,000/-(Rupees forty thousand)only and was of other Bank and outstation center. Hence as per the Rules of the Bank under para 4-2 of the Cheque Collection Policy-2009 it does not come under immediate credit and required to be sent for collection and cheque of such nature are credited only after receiving collection amount from the collecting branch.<br /> <br /> Further the Opposite Party contend that since the cheque could not be collected within stipulated time, this Opposite Party send reminder/telephone calls and personal query with the collecting branch. However after receiving credit advice on Dt. 05/08/2009 from collecting branch, this Opposite Party has immediately credited the cheque amount of Rs. 40,000/-(Rupees forty thousand) only and interest worth Rs. 164/-(Rupees one hundred sixty four)only on the saving bank Account of the Complainant as per para 2-6 of State Bank of India, Cheque Collection Policy-2009 and has withdrawn the said amount on Dt. 19/08/2009 and Dt. 22/08/2009 as per the statement of Account No.30537396328 of Complainant.<br /> <br /> The Opposite Party contend that this Opposite Party send the cheque of the Complainant for collection immediately on Dt. 23/06/2009 through its collecting branch and after receiving credit advise on Dt. 05/08/2009 from the collecting branch has credited the amount with interest as per the Cheque Collection Policy-2009 has discharged its duty promptly and has provided best of its service to the Complainant. There is no any deficiency in service on the part of the Opposite Party towards the Complainant.<br /> <br /> The Opposite Party prays for dismissal of the case with cost.<br /> <br /> We have gone through the pleading of the parties documents available on record and also heard the argument advanced by the learned Advocate in respective of their case and find as follows:-<br /> <br /> The Complainant has deposited a cheque bearing No. SC 41353707 L 5258 of I.C.I.C.I Bank for a sum of Rs. 40,000/-(Rupees forty thousand)only on Dt. 22/06/2009 before the Opposite Party Bank for collection is not disputed. The Complainant alleges that the Opposite Party did not credit the amount in his Saving Bank Account till date and though the cheque has been cleared on Dt. 27/06/2009, the Opposite Party Bank has not credited the amount even after one month and uses the interest, is deficiency in service and unfair trade practice on the part of the Opposite Party. The Complainant has not file any evidence in support of his allegation made against the Opposite Party. With out any supporting evidence of an allegation made by the Party it can not be prove against the Opposite Party, and it remains allegation only.<br /> <br /> To establish his case the Opposite Party has filed consignment note bearing No. 24436 Dt. 23/06/2009 of Fly King courier service, letter of intimation of the collecting branch addressed to Opposite Party Bank on Dt. 04/08/2009, master circular Cheque Collection Policy-2009 and extract of statement of Account No. 30537396328 of Complainant. On perusal of the documents it is evident that on received of the cheque from the Complainant the Opposite Party send it for collection through its collecting branch by Fly King courier service and due to delay of collection he send remainder and by telephone with the collecting branch about the matter and when on Dt. 05/08/2009, the Opposite Party received the credit advise from the collecting branch he has credited the amount of Rs. 40,000/-(Rupees forty thousand)only and interest for Rs. 164/-(Rupees one hundred sixty four)only in the account of the Complainant as per the Cheque Collection Policy-2009 of State Bank of India. The Opposite Party Bank has discharged its duty, promptly and provided best of its services to the Complainant as per the Cheque Collection Policy-2009. Hence it is established that the Opposite Party has not committed any deficiency in service towards the Complainant for which he is liable to give any compensation as claimed by the Complainant.<br /> <br /> Further as the I.C.I.C.I. Bank is a necessary party in this case, the Complainant has not make the I.C.I.C.I. Bank as a Opposite Party. So the case is bad for non-joinder of necessary party also.<br /> <br /> Consequently, the Complaint is dismissed.<br /> <br /> Complaint disposed of accordingly. No cost/compensation.