IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

MURSHIDABAD AT BERHAMPORE.

CASE No.  CC /59/2015.

 Date of Filing: 14.05.2015.                                                                                                                                         Date of Final Order: 30.12.2015.

Complainant: Anarul Seikh, S/O Nayjuddin Seikh, Vill. Nazarana, P.O Babaltali, P.S. Naninagar-I,

                        Dist. Murshidabad, Pin- 742308.

-Vs-

Opposite Party: Manager, State Bank of India, Seikhpara Branch, Vill.& P.O. Seikhpara,

                        P.S. Raninagar-1, District. Murshidabad. Pin 742308.

                       Present:                                 

                                         Sri Samaresh Kumar Mitra ……………………..Member.           

                                                Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

Smt. Pranati Ali, Presiding Member.

The complainant’s case u/s 12 of C.P.Act, 1986, in brief, is  that the complainant/Anarul Seikh has a Savings Account bearing No. 31100786656 with the OP/State Bank of India, Seikhpara Branch where he deposited one cheque bearing No. 0000068741 dt. 22.02.214 issued by Max Life Insurance Company Ltd. By mistake the complaint deposited the said cheque on 03.01.2014 to the OP Bank and on the other hand the OP Bank accepted the cheque but did not encash . The complainant several times verbally requested to the OP/Bank to  encash the said cheque and finally on 12.12.2014 requested to return the same in writing, but the OP did not pay any heed to the matters. At present, the cheque is time barred, which is a clear picture of negligence/deficiency in service on the part of the OP Bank. So, the complainant came to the Forum for proper redress along with a prayer to pass an order upon the OP to pay the cheque amount of Rs.10, 000/- along with interest also to direct the OP to pay Rs.10, 000/- as compensation for harassment and mental agony.    

On the other hand the OP is absent in this case in spite of receiving the notice. So, the proceedings run ex parte against the OP Bank.

The only point for consideration is that whether there is any deficiency in service on the part of the OP or not and or whether the complainant is entitled to get any relief or not.

                                                      Decision with reasons.

It is pertinent to mention that the complainant has submitted some documents in support of his case.

On close perusal of the documents submitted on behalf of the complaint it is evident that the complainant received a postdated cheque from the Insurance Company with a sum of Rs.10,000/- as well as deposited to the OP Bank and the OP accepted the same, but did not encash.

It is true that due to ignorance the complainant deposited the cheque on 03.01.2014 before the cheque date i.e. 22.02.2014. So just at that time the OP Bank did not encash the cheque is justified. But we are not clear why the OP did not encash the said cheque after the cheque date i.e. 22.02.2014 where the complainant severally requested to encash the same. Op did not give any reason also, rather the OP remain silent so long period that the said cheque loss the validity period. This act of the OP is a clear deficiency in service to the complainant because we are unable to find any cogent reason behind this delay of encashment and or refund of cheque on the part of the OP.  

The case being taken up for ex parte hearing, there is no scope to rebut the evidence of the complainant.

Relying upon the evidence adduced by the complainant and also considering the documentary evidence as to entitlement of cheque encashment and or refund by the OP/Bank, we have no other alternative but to conclude that the complainant is entitled to get an order ex parte for encashment of cheque along with interest by the OP/Bank.

                                                               ORDERD

Hence, it is ordered that the Consumer Complaint No. 59/2015 be and the same is hereby allowed ex parte without any order as to cost.

The OP /Bank is directed to do accordingly  to encash the said cheque along with interest of the complainant as per rules within 45 days from the date of receipt of this order, failing which the OP has to pay @Rs. 50/- per day’s delay as fine and the amount shall be deposited in the Consumer Legal Aid Account.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.