- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to make Duplicate Draft or refund Draft amount i.e. Rs. 20,000/- ( Twenty Thousand only ) along with 12% interest.
- To direct the opposite parties to pay Rs. 70,000/- ( Rs. Seventy thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has deposited Rs. 20,000/- to opposite party no. 2 for making draft in favour of American Express Way, New Delhi and release the same in favour of complainant. Unfortunately the aforesaid released bank draft no. 267529 missed somewhere. After missing the aforesaid draft ( annexure – A) the complainant informed opposite party no. 2 i.e. Branch Manager ( Drfat Manager State Bank of India) main branch, Gandhi Maidan, Patna and accordingly the opposite party no. 2 assured the complainant to issue aforesaid draft of Rs. 20,000/-.
It is the case of the complainant that despite best effort by the complainant neither duplicate bank draft of Rs. 20,000/- has been issued nor the aforesaid amount has been refunded to the complainant.
It is further case of the complainant that he wrote a letter vide annexure – B to opposite party no. 2 for redressal of his grievance but no action has been taken in order to redress the grievance of the complainant.
On behalf of bank written statement has been filed stating therein that after receiving the information of loss of aforesaid bank draft by the complainant the opposite party has issued a letter on 20.12.2006 to State bank of India, New Delhi for issuing non- payment certificate as per circular of the bank and opposite party has also informed the complainant to file indemnity bond for issuing duplicate draft but the complainant has filed delayed letter of indemnity with respect to the issue duplicate draft and has also given two sureties of Naresh Prasad and Anil Kumar Mishra but the bank refused to accept then as a surety because they were not maintaining the account.
In Para – 8 of written statement the opposite parties have stated as follows, “that this opposite party has again informed the complainant to issue letter of indemnity in proper surety then on 12.11.2009 the complainant has wrote a letter in his own pen to the Assistant General Manager, State Bank of India, main Branch, Patna and has promised to file the said letter of indemnity till 25.11.2009. On perusal of the said letter dated 12.11.2009, it appears that the complainant wrote his address as At & P.O. Bhawanipur, District – Purnea.”
We have narrated the facts of the respective parties asserted by them in complaint petition as well as written statement.
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From bare perusal of Para – 8 of written statement of opposite parties as well as annexure – 1 of the written statement it is crystal clear that it is the complainant who has taken time to file proper security and indemnity bond as will appear from annexure – 1.
We are not in a position to know that whether the indemnity bond have been filed or not.
Hence we direct the complainant to file an application to opposite parties for either making the duplicate draft or refund of the amount of Rs. 20,000/- of the aforesaid draft with indemnity bond within the period of two months from the date of receipt of this order or certified copy of this order. If the aforesaid application and indemnity bond are filed as per norms of the bank within the aforesaid period the opposite parties will either make the aforesaid draft or refund Rs. 20,000/- as per wishes of the complainant within the period of 15 (fifteen) days from the date of filing of aforesaid application failing which the opposite parties will have to pay Rs. 50/- per day till the redressal of the grievance of the complainant as per direction made above.
For the discussion made above this complaint stands disposed off.
