The case of complainant in brief is that the complainant is an account holder of the OP Bank bearing Account No.2449201010718. The complainant being a businessman, in the course of business transaction received a cheque bearing No.269773 dated 21.09.13 for Rs.23000/- and deposited the same in the Bank of OP for collection and crediting the amount in the account of the complainant. But the said cheque was not credited in the account of the complainant in time. As such, the complainant enquired about the matter  but the Bank official gave him assurance that amount of the cheque would be credited soon. Later on, even after lapse of five months when the amount of the said cheque was not credited in the account of the complainant he enquired the matter, thereafter, the OP sent a letter dated 19.03.14 to the complainant intimating the loss of the cheque in course of transit for collection and requested  to get a duplicate cheque whereas, it  is impossible by the complainant to get a duplicate cheque. As such, the complainant issued a legal notice dated 16.05.14 asking the OP No.1 to pay Rs.2,00,000/- towards compensation. The OP duly received the said notice and admitted the loss of the cheque vide their reply and again requested to supply a duplicate cheque without explaining as to how a duplicate cheque could be procured. The complainant getting no other alternative filed the present case before this Forum for the deficiency in service on the part of the OP and claimed for the payment of Rs.23000/- with interest @ 18%, compensation of Rs.2,00,000/- for physical and mental harassment and cost of litigation.

After registering the case, notices were  issued to  the OP  No.1 and 2 who have contested the case by filing  written statement admitting the receipt of the cheque and also lost of the cheque during the transit of the said cheque to the other Bank out of Duliajan. Further, it is stated that the matter of lost was also intimated to the complainant on 19.03.14 with request to arrange for issuing a duplicate cheque from the concerned authority. Meanwhile, the OP No.1 had tried their level best to trace out the said cheque. OP No.1 had also lodged FIR before the Duliajan P.S. informing about the missing of the cheque of the complainant. The OP further stated that after vigorous follow up action OP No.1 could obtain duplicate cheque from the issuing Bank i.e. IndusInd Bank and the OP No.1 on the basis of said duplicate cheque credited Rs.23000/- in the account of the complainant on 20.01.15 by clearing the aforesaid cheque and also credited Rs.3231/- on 21.01.15 as interest for delay, in total Rs.26231/- was credited in the account of the complainant. The OP submitted that in view of the above there is no deficiency in service on the part of OP and prayed to dismiss the case with cost.

In this case the complainant gave his evidence by swearing affidavit and exhibited as many as 6 (six) documents in support of his case. On the other hand, OPs examined one Sri Joy Kumar Jha, Manager of Canara Bank, Duliajan Branch  as DW-1 and exhibited as many as 8 (eight) documents to rebut the case of the complainant.

    DISCUSSION, DECISION AND REASONS THEREOF:

              Perused the written argument submitted by both the parties.

      Upon going through the evidence of both the parties their documentary evidence and the arguments advanced it is found that the complainant deposited a cheque bearing No.269773 dated 21.09.13 for Rs.23,000/- in the Bank of OP to be credited in the account of complainant being No. 2449201010718 vide Ext.1 but the amount of the said cheque  was not credited in the account of the complainant for more than five months. After going through the evidence of both the parties and as admitted by OPs the said cheque was lost in course of transit to other Bank from the Bank of OP Duliajan Branch. As such, OP vide Ext.1 requested the complainant to get a duplicate cheque from the authority who issued a cheque but the complainant could not obtain the duplicate cheque because the authority of other Bank shall not issued duplicate cheque. From the evidence of the OP it is found that the cheque was lost as because the cheque was of other Bank which is situated outside Duliajan and was sent for collection of the amount of said cheque. During the course of collection the said cheque was lost somewhere. However,  the OP after vigorous follow up action somehow arranged a duplicate cheque and credited Rs.23,000/-, the cheque amount on 20.01.15 by clearing aforesaid cheque. The OP also credited the interest accrued of Rs.3231/- on the above amount of Rs.23,000/- on 21.01.15 due to delay vide Ext.6,7 and 8.

    After considering the above facts and circumstances and also admitted fact of the OP, the complainant being a businessman by profession cannot block the above amount for a single day because by circulation of his money  will increase more benefit to him and due to delay in the credit of the aforesaid amount in the account of the complainant for the loss of cheque has caused inconvenience and loss to his business.

     By the above fact the complainant has established his case regarding committing deficiency in service and illegal trade practice by the OP Bank by not crediting the aforesaid amount in the account of the complainant. There are ample materials in the evidence of PW-1 to show that he sustained mental harassment and agony for not crediting the said amount in time and thereby committed grave deficiency in service because complainant had failed to circulate his money in the market.

     In view of the above, this forum comes to the conclusion that there is deficiency in service and illegal trade practice committed by OP Bank due to lost of the said cheque from 12.06.14 to 20.01.15 and the complainant had to move to the Bank frequently for crediting the said amount. As such, the Forum directed OP Bank to pay sum of Rs.5000/- as compensation for giving such mental harassment and agony to the complainant for delay of crediting the amount and also directed the OP Bank to pay Rs.1000/- as cost of filing the instant case. The OPs are directed to pay the above amount through this Forum within one month from the date of this judgment.

        Send copy of this judgment to OPs for compliance.