BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.317 of 2016

Date of Instt. 22.07.2016

Date of Decision: 12.04.2017

Sohan Lal S/o Shri Gujjar Lal resident of 03-312 Banian Bazaar Kartarpur 144801 Distt. Jalandhar.

..........Complainant

Versus

Manager Axis Bank Ltd., G.T. Road, Kartarpur-144801, Distt. Jalandhar. .........Opposite party

Complaint Under Consumer Protection Act.

Before: Sh. Karnail Singh, (President),

Sh. Parminder Sharma (Member)

Present: Complainant in person.

Sh. Akhil Chopra, Adv Counsel for OP.

Order

Karnail Singh (President)

1. The present complaint filed by complainant, wherein alleged that he gave two cheques, bearing No.416678 and 416680, payable at Punjab National Bank, Furniture Bazaar, Branch Kartarpur both for Rs.50,000/- each to Axis Bank Ltd., G.T. Road, Kartarpur in clearing on 21.08.2014. That cheque No.416678 dated 21.08.2014 was passed and for which credit of Rs.50,000/- was given to Axis Bank. The said amount was placed in fixed deposit with the bank.

2. That cheque No.416680 dated 21.08.2014 was meant for the purchase of mutual fund shares titled “Axis Bank Hybrid” was lost by Axis Bank. That neither the said mutual fund shares were given by the Axis Bank nor cheque No.416680 for Rs.50,000/- was returned as Unpaid to the complainant. That failure on the part of the Axis Bank on this account caused immense harassment to the complainant. It has been stated by the Axis Bank that cheque No.416680 has been lost. The complainant has instructed Punjab National Bank Branch Kartarpur to stop payment of cheque No.416680 for Rs.50,000/- as per letter dated 18.06.2016. Punjab National Bank Branch Kartarpur has debited Rs.75/- in complaints from the account of the complainant. Complainant is harassed and bear a financial loss which is due to deficiency in service on the part of the OP and as such the present complaint filed with the prayer that a compensation to the tune of Rs.20,000/- be awarded to the complainant and further litigation expenses of Rs.1000/- be also granted to the complainant.

3. Notice of the complaint was given to opposite party and accordingly OP was served but despite service he has not come present and ultimately proceeded against exparte vide order dated 29.08.2016 thereafter when the case was fixed for complainant evidence, the OP filed an application which was allowed and OP was allowed to joining the proceedings at that stage vide order dated 19.09.2016.

4. In order to prove his case, complainant himself tendered into evidence his affidavit Ex.CA alongwith some documents Ex.C1 to Ex.C6 and closed the evidence.

5. Similarly, OP was allowed by my Predecessor to lead evidence and accordingly counsel for the OP tendered into evidence affidavit Ex.OP-1 and document i.e. copy of cheques returning memo Ex.OP-2 and closed the evidence.

6. We have heard the complainant in person and learned counsel for the opposite party and also scanned the file very minutely.

7. After hearing argument, we reached to the conclusion that the claim of the complainant is simply that he gave two cheques bearing No.416678 and 416680 payable at Punjab National Bank for an amounting to Rs.50,000/- each to the Axis Bank in clearing on 21.08.2014. Out of that one cheque bearing No.416678 dated 21.08.2014 was cleared whereas the second cheque bearing No.416680 dated 21.08.2014 for an amounting to Rs.50,000/- was returned unpaid but the said cheque was never returned to the complainant by the OP Bank rather the OP Bank alleged that the said cheque has been lost and whereby caused a harassment as well financial loss to the complainant by the OP.

8. As per the story propounded by the complainant, there are two allegations against the OP one i.e. the cheque of the complainant was not returned to the complainant and second the same has been lost from the custody of the OP. We find that due to both the act as stated above no harassment or mental agony has been caused to the complainant because the cheque of the complainant was submitted by OP Bank to the drawer Bank i.e. Punjab National Bank, Kartarpur but the said cheque of the complainant was returned unpaid alongwith memo due to reason the “Signature Differ”. It means there is no fault on the part of the OP rather the cheque is returned due to non tally the signature of the complainant with the original signature and return of cheque without paying an amount from the account of the complainant is due to fault of the complainant not of the OP. Further more if the cheque which returned unpaid alongwith memo was lost from the Axis Bank then it has not caused any financial loss or harassment to the complainant being reason the Axis Bank i.e. OP has very well informed the complainant in regard to loss of the said cheque and accordingly the complainant has instructed his own bank i.e. PNB to stop the payment. So, under these circumstances, we do not find any deficiency in service on the part of the OP. Therefore, the complaint of the complainant is without merit and same is dismissed. Complaint could not be decided within stipulated time frame due to rush of work.

9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated Parminder Sharma Karnail Singh

12.04.2017 Member President