ORDER

Date of order:  02-08-2017

S.K.Sinha,President       

                   The order directing to pay the cheque amount of Rs. 10,000/- with interest @8% p.a from 09.03.2007 till payment as also Rs. 4,000/- and litigation cost of Rs. 1,000/- to be paid within one month, failing which interest @ 10% shall be payable is under challenge.

2.           Complainant basically alleged that he deposited the cheque No. 424697 dated 28.01.2007 for Rs. 10,000/- in his Saving Bank Account with the appellant-Bank on 09.03.2007. The complainant could learn in February 2012 while getting his pass-book updated that the cheque in question was given by L.I.C from where complainant could learn that the cheque amount was debited from the account of L.I.C on 26.03.2007. The amount since not credited in his Bank account, complaint filed. The appellant – (O.P.-1) filed written statement and denied the very deposit and also that complaint was time barred. L.I.C filed reply that case is however time bared although payment is made by L.I.C. against the cheque.

3.                Complainant filed pay in slip photo copy of the pass-book and copy of the legal notice etc. No oral or documentary evidence were produced by O.P.

4.                We have considered the case of the parties. Respondent filed written notes of arguments. The complaint case is pure and pure a disputed money claim. The deposit by the complainant cannot be accepted on the copy of the counter foil which does not mention the name of the Branch of the Bank and its seal. There is no credit entry in the ledger of the Bank. It is not the case of the complainant that he deposited the cheque in Drop Box as observed by the District Forum. It is not denied that complainant got his pass-book updated on various dates between 21.03.2007 to 16.11.2009 as such his case that he could learn in February 2012 only that cheque is no credit on his account after he returned back after few years of stay outside. The District Forum did not consider the case in correct perspective, while passing the impugned order. It cannot be sustained in law, it is thus, set aside.

5.            In the result, appeal stands allowed.

Renu Sinha                               Upendra Jha                         S.K.Sinha

Member (F)                               Member (M)                         President

           Anita