Complainant Mrs.Bavi has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to either trace out and return the cheque in dispute or the amount of cheque i.e. Rs.30,000/- to her. Opposite parties be further directed to pay Rs.10,000/- for physical harassment and Rs.10,000/- as litigation expenses.

2.        The case of the complainant in brief is that she is having Account No.074534001000415 in opposite party bank. She had submitted a cheque bearing No.006527 dated 03.02.2017 for Rs.30,000/- of Tarn Taran Central Cooperative Bank Limited Branch Office Doburjee  in the branch of opposite party no.2 on 03.02.2017 for encashment. The opposite party had issued a receipt to this effect.  The opposite party no.2 had assured her that the cheque would be encashed within 7 days. When after 7 days she went to the Branch of opposite party no.2, they had asked her that the cheque had been sent to the bank of the issuer branch and it would be encashed. She has next pleaded that after 10 days when she went to the office/branch of the opposite party no.2, they informed her that the cheque was with the Indian Post Department and there is some negligence on their part due to which the cheque was not delivered to the Bank of the issuer.  The opposite party no.2 kept on delaying the matter on one pretext or the other, the Manager of the opposite party made a call  to opposite party no.4 they told that the cheque had been received but due to some technical problem, the RTGS cannot completed and they are returning the cheque. On this Branch Manager assured her that she can collect the cheuqe after 15-20 days. But again when she approached the opposite party and they made a call to the Branch Manager of the issuer Bank i.e. opposite party no.4, he informed that the cheque was not delivered to them.  Actually, opposite parties had misplaced the cheque in dispute which cause a huge financial loss to her. The opposite party had harassed her for a period of more than 7 months, but uptil now the cheque presented by her, is not encashed nor any satisfactory reply was given to her.  Hence this complaint.

 3.         Notice of the complaint was issued to the opposite parties. Opposite party no.1 appeared through its counsel and filed its written reply.  It was admitted that complainant has an account in the Bank. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.     Opposite party no.3 and 4 appeared through their counsel and filed their written reply taking the preliminary objections that the complaint is not legally maintainable against opposite parties. She is not consumer of the opposite parties. Even no cheque was received by the opposite parties for clearance till date. So, the present compliant is liable to be dismissed; The complainant has no locus standee to file the present complaint against the opposite parties; the complainant has no cause of action to file the present complaint and the present complaint is bad for mis joinder and non joinder of the necessary parties.  On merits, it was admitted that the cheque was never delivered to the opposite parties. Even if there is any negligence of the postal department, postal department is necessary and proper party but the postal department has not been arrayed as party and as such without impleading the postal department, complaint cannot be decided and is liable to be dismissed. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

5.     On 18.12.2017 Sh.Abhishek Sharma A/Manager had appeared on behalf of opposite party no.2. Thereafter, he did not come to this Commission. Case called several times but none had come present on behalf of opposite party no.2. It seems that opposite party no.2 was no more interested to pursuing with this complaint further. Hence, opposite party no.2 was ordered to be proceeded against exparte vide order dated 9.2.2018.

6.   On 18.12.2017  Sh.Jai Inder Singh Clerk had appeared on behalf of opposite party no.3 and 4 and case was fixed for filing reply. After 9.2.2018 he did not appear and lastly on 4.5.2018 the opposite parties no.3 and 4 were proceeded against exparte.

7.       Complainant has tendered into evidence  her own affidavit Ex.C-1 alongwith copies of documents Ex.C-2 to Ex.C-4 and closed the evidence.

8.     Alongwith the written reply opposite parties no.3 and 4 filed affidavit of Sh.Kulwinder Singh Branch Manager.

9.    Written arguments have been filed on behalf of complainant.

10.        We have carefully gone through the pleadings of counsel for the parties; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the parties for the purposes of adjudication of the present complaint.

11.      Complainant Bavi is a consumer of opposite party i.e. Gurdaspur Central Co-operative Bank, Gurdaspur and it was the duty of the said bank to provide service to its customers.

12.     In the said case, complainant presented a cheque Ex.C-2 and Ex.C-3 to her bank which was to be credited to her Saving Account Ex.C-4 by the bank after clearance from opposite party no.3 and 4.

13.     In the said case the bank (opposite party no.2) has failed to credit her account Rs.30,000/- and has not given a satisfactory reason for its failure on that account. Hence, the bank opposite party no.2 on its part is liable for deficiency in service.

14.     Since the cheque amount of the lost/misplaced cheque cannot be borne by the bank. However, we deem it fit to direct the bank opposite party No.2, to pay an amount of Rs.10,000/- to complainant for inconvenience and mental torture she has suffered at the hands of opposite party no.2. Besides this, opposite party no.2 shall also pay a sum of Rs.5,000/- as litigation expenses.

15.     Complainant is at liberty to avail any other Civil Remedy to recover the cheque amount from the drawee of the cheque. Bank opposite party no.2 is also directed to issue a non encashment statement with respect to the said cheque to the complainant. Compliance of above order be made within 30 days from the receipt of copy of this order.

16.    Opposite party no.2 is directed to comply with the order within 45 days from the date of order, failing which they will pay the whole awarded amount alongwith interest @ 6% P.A. from the date of filing of the complaint till actual realization. Besides this,  opposite party no.2 shall also pay an amount of Rs.5,000/- in addition to the already awarded amount.

17.     The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

18.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                  

                                                                             (Naveen Puri)

                                                                                 President   

Announced:                                                   (Raghbir Singh Sukhija)

August 18, 2022                                                  Member

*MK*