KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD THIRUVANANTHAPURAM
FIRST APPEAL 647/2010
JUDGMENT DATED: 30..9..2011
PRESENT
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
SRI.S.CHANDRAMOHAN NAIR : MEMBER
The Federal Bank Ltd., Mullakal Branch, : APPELLANT
Alappuzha, rep.by its Branch Manager.
(By Adv.S.Reghukumar)
Vs.
Karachira Coir Manufacturer, : RESPONDENT
Kalachira House, Thannermukkom.P.O.,
Cherthala, Alappuzha represented
K.V.George.
(By Adv.L.Ramesh Babu)
JUDGMENT
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
The appellants are the opposite parties in CC.152/08 in the file of CDRF, Alappuzha. The appellants are under orders to pay the cheque amount of Rs.21600/- and Rs.13,400/- towards damages and compensation for 10000/- and cost of Rs.5000/-.
2. It is the case of the complainant that he presented the cheque for Rs.21600/- with the opposite party bank on 9.5.08. The cheque was dated 22.11.07. The cheque was returned on 20.6.08 with an endorsement ‘instrument outdated’. It is his case that on account of delay caused in transmitting the cheque for collection the complainant lost the cheque amount as the cheque has became stale.
3. The opposite parties/appellants have admitted the date of presentation of the cheque as 9.5.08. It is mentioned that the delay is due to the time taken in transit when it was sent for clearance.
4. The evidence adduced consisted of the testimony of PW1, RW1 and Exts.A1 to A3.
5. It is contended by the counsel for the appellants that there is contributory negligence on the part of the complainant also as the cheque dated 22.11.07 was presented on 9.5.08 when there was only a few days left for collecting the amount. We find that the above contention can not be sustained as the date of validity expired only on 22.5.08 as the date of cheque was 22.11.2007 and the cheque was presented on 9.5.08. Still there was 13 days left which is sufficient for getting the amount collected. The drawee bank is situated at Vadanapally, Thrissur district. It is mentioned that the cheque was sent to Vadanapally branch of the drawee bank/South Indian bank for arranging collection and that subsequent to the receipt of the cheque at the opposite party bank the Vadanapally area was included in Thrissur clearing area and hence the cheque was again routed for collection through the service branch of the opposite party bank at Thrissur and that when the cheque reached the drawee bank the same became outdated and was returned unpaid . It was due to the change in clearing arrangements which is not within the control of the opposite party bank that the delay was caused. We find that it is mentioned in the complaint that the cheque was issued by one K.J.Francis, Rexin world, Vadanapally, Thrissur. The complainant is a manufacturer and trader of coir products. There is no case for the complainant that he lost the cheque amount and that he could not realize the cheque amount from the person, who issued the cheque. Ofcourse there is certain amount of deficiency in service on the part of the opposite party. The opposite party ought to have been more prompt being the limited period left for the expiry of the date of validity. The matter ought to have been pursued with more deligence. But the reliefs awarded by the Forum amounts to a windfall so for as the complainant is concerned. We find that the amounts awarded is extremely excessive. In the circumstances the order is modified as follows. The opposite party is directed to pay a sum of Rs.7500/- towards compensation and Rs.5000/- towards costs. The complainant will be entitled for interest at 12% on the amount of compensation of Rs.7500/- from the date of complaint that is 17.7.08.
In the result the appeal is allowed in part as above.
Office will forward the LCR alongwith copy of this order to the Forum urgently.
JUSTICE K.R.UDAYABHANU : PRESIDENT
S.CHANDRAMOHAN NAIR : MEMBER
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