The Complainant’s case in brief is as follows:

The complainant and his wife had entered into an agreement on 7/3/2005 with the 2^nd Opposite party branch and availed a personal loan by the 2^nd Opposite party. As per the above agreement the petitioner had to repay the loan amount in 24 equal monthly instalments of Rs.10,750/- each starting from 1/4/05 to 1/3/07. The complainant had handed over 24 post dated cheques of his account maintained in Catholic Syrian Bank, College Road Branch, Thrissur to the 2^nd respondent. These cheques bear No. 224051 to 224070 and 224031 to 224034 respectively. Besides these post dated cheques the complainant was also made to issue another post dated cheque bearing No.2224035 of the same branch amounting to Rs.2,00,000/- as security to the loan. As per the repayment schedule the 2^nd instalment due to the respondent bank was given as per chequeNo.224052 dated 1/5/05 was presented by the 2^nd respondent and was cleared on 6/5/05. But one of the staffs of the 2^nd respondent bank telephoned the complainant and told that the post dated cheques towards the payment of 1^st and 3rd instalment have bounced for the reason that of insufficient funds in the complainant’s account.    On enquiry with the complainant’s bank it was realized that the cheques for the 1^st and 3^rd instalments had not been presented for collection. The complainant issued a lawyer notice but no reply was given. Subsequently the complainant received a letter asking to repay the amount by cash or Demand Draft. The complainant was not willing to repay the amount for which the cheque had not been presented. He insisted to return the cheques to him or status of the missing cheque be given to him in writing. In the meanwhile the other cheques were presented and honoured. At the same time the 2^nd opposite party was enquired about the status of the cheques which was handed over to them. Ultimately the 2^nd opposite party issued a letter to the complainant stating that the two cheques were lost in transit. Hence this complaint to compensate the loss sustained to the complainant by the deficiency in service.

 

            2. The respondents were called absent and set exparte.

 

            3. The complainant has filed affidavit and produced 7 documents to prove his case.

 

            4. Points: The complainant entered into an agreement with the respondents and availed a loan for Rs.2 lakhs. The loan amount was to be repaid by 24 equal monthly instalments of Rs.10,750/- each. The complainant handed over 24 cheque leaves bearing Nos.24051 to 224070 and 224031 to 224034. From Exhibit P2 letter it is clear that the respondent have received these cheques. It was also evidenced from Exhibit P7 letter that the disputed cheques were lost in transit and hence those remain unpaid.   And the complainant was blaming for the loss by one of the respondents staff. There is no evidence to the contrary and the respondents are liable to compensate for the mental agony, ill feel and abusement made by one of their staff.

 

            5. In the result the complaint is allowed and the respondents are directed to pay Rs.10,000/- (Rupees Ten thousand only) as compensation with cost of Rs.500/- (Rupees Five hundred only) within one month.

 

 

            Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced