Haryana

StateCommission

A/825/2014

The Manager Gurgaon Gramin Bank - Complainant(s)

Versus

Jai Kishan - Opp.Party(s)

17 Oct 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                                  First Appeal No.825 of 2014

Date of Institution: 03.09.2014 and 18.09.2014

Date of Decision: 17.10.2016

 

The Manager Gurgaon Gramin Bank now The Manager, Sarva Haryana Gramin Bank, Khandsa Branch, Gurgaon

…..Appellant

Versus

1.      Jai Kishan S/o Late Sh.Moti singh R/o VPO Khandsa Tehsil and Distt. Khandsa

2.      The Administrator, Haryana Urban Development Authority, Sector 14, Gurgaon.

                                      …..Respondents

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member.                                                                                                                                        

Present:               Shri Pavan Malik, Advocate counsel for appellant.

Shri Rakesh Noniwal proxy counsel for Mr.Jitender Sharma, Advocate counsel for the respondents.  

                                                   O R D E R

R.K.BISHNOI, JUDICIAL MEMBER:-

          It was alleged by the complainant that he deposited cheque No.561160 dated 20.06.2008 of Rs.8282/- with opposite party (O.P.) for clearance and realization. The said cheque was sent to Syndicate Bank, Delhi vide letter dated 25.06.2008 by O.P., but, the same was lost during transit as admitted by O.P. in letter No.30/DS/GEN/08/09 dated 30.06.2008.  The cheque was issued by Haryana Urban Development Authority (HUDA) and when he requested to issue duplicate cheque Huda authorities flately refused.  The O.Ps be directed to  pay the amount alongwith compensation as mentioned therein.

2.      Both the O.Ps. filed  separate replies controverting his averments. It was alleged by O.P.No.1/appellant that the complaint was false and frivolous and he was not entitled for any relief qua it. He was informed about non-payment of the amount mentioned in the cheque.  Objections about mis-joinder and non-joinder of the parties, locus standi and maintainability of complaint etc. were also raised and requested to dismiss the complaint.

3.      In addition thereto O.P.No.2 alleged that the alleged cheque was not issued by it.  He had concealed the true facts from the forum. When no cheque was issued by it, complainant could not ask for compensation.

4.      After hearing both the parties learned District Consumer Disputes Redressal Forum, Gurgaon (In short “District Forum”) allowed the complaint vide impugned order dated 15.07.2014 and directed as under:-

“Thus, keeping in view the facts and circumstances of the case it is OP-1 who is deficient in providing services to the complainant, thus, the  complainant is entitled to a sum of Rs.8282/- from it with interest @ 9% p.a. from the date of filing of the complaint till realization.  The complainant has been harassed causing mental agony by  O.P.No.1. Thus, he is also entitled to compensation as well as litigation expenses of Rs.3,000/-.

5.      Feeling aggrieved therefreom O.Ps.-appellants have preferred this appeal.

6.      Arguments heard.  File perused.

7.      From the perusal of impugned order dated 15.07.2014 it is clear that complainant has miserably failed to prove that cheque in question was issued by O.P.No.2.  When no cheque was issued how he can ask for payment. The cheque presented by him could be fabricated. Had it not been so he must have produced some evidence before the District forum.  From the perusal of the record it is clear that complainant did not produce any evidence.

8.      More so, as per Section 45 A of the Negotiable Instruments Act, 1881 (In short “Act”) if any cheque is lost in transit then the person  can again apply to the drawer to issue duplicate cheque.  Keeping this provision Hon’ble Supreme Court opined in Civil Appeal No.43 of 2009 titled as Hon’ble Branch Manager, Federal Bank Ltd. Vs. N.S.Sabastian decided on 07.01.2009,   that in case of loss of cheque complaint cannot be filed and the drawer can be asked to issue duplicate cheque.  Nothing is left to be discussed after the opinion of Hon’ble Supreme Court in the aforesaid case law. Resultantly impugned order dated 15.07.2014 is set aside. Appeal is allowed and the complaint is dismissed.

9.      The statutory amount of Rs.7908/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules.

 

October 17th, 2016

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench