By G. Yadunadhan, President:

            The case of the complainant is that he is having account at the South Indian Bank, West Hill branch and had presented a cheque bearing No.914920 of ICCI bank for Rs.3900/- in his account having account No. SB A/c.No.2644 on 22.11.2006 and the South Indian Bank had sent the cheque for collection to ICICI bank.  Thereafter when the complainant enquired at the South Indian Bank, West Hill branch, whether the amount covered by the cheque had received, the bank had told him that it would take some time.  The complainant waited till 15 days to get the amount covered by the cheque and when he did not receive the amount or didn’t get the dishonour memo, he approached the Manager of the South Indian bank and the Manager told the complainant that the cheque is sent for collection and asked him to go and meet the ICICI bank.  When the complainant approached the ICICI bank Manager, he told him that he received the cheque on  24.11.2006 but refused to give any further information.  Thereafter finally on 16.12.2006 the complainant approached the Manager and asked about the cheque, he told the complainant that he has no idea what happened to the cheque.  Complainant told him that as per bank rules, the bank has to give the amount covered by the cheque after 15 days from the date of presentation.  When the complainant had sent a legal notice to the opposite parties on 18.12.2006, the opposite parties 1 and 3 sent reply.  The records of Professional Couriers will show that the bank had received it on 24.11.2006.  The negligent, improper act and deficiency of South Indian Bank as well as ICICI bank had caused huge monetary loss and mental agony to the complainant for which the banks are liable to compensate the complainant.  Hence the complainant is seeking relief against the opposite parties for a compensation of Rs.20,000/- with costs.

            Opposite party No.1 entered in appearance and filed version.  Opposite party No.1 admits that the complainant is having SB Account No.2644 in South Indian Bank, West hill branch, that he had presented a cheque dated 10.6.2006 bearing No.914920 of ICICI Bank for Rs.3900/-.  On 22.11.2206 the above cheque was sent for collection to ICICI bank.  The above mentioned cheque was a Non MiCR cheque, which cannot be sent for clearing to the clearing house as non MICR cheques are not accepted in the clearing house.  Hence the above cheque was directly sent to the ICICI bank for collection on 22.11.2006.  In such a case it takes more time than when a cheque is sent to the clearing house to get the proceeds of the cheque collected.  The above cheque was received in the ICICI bank on 24.11.2006.  The opposite party admits that after presenting the above cheque the complainant had come to the South Indian bank, West Hill branch and enquired regarding the fate of the cheque.  The 1^st opposite party had promptly sent a letter to the ICICI bank enquiring the fate of the cheque, for which there was no response from the ICICI bank.  This opposite party states that there is no cause of action against the opposite party as stated in the complaint.  Hence the complaint against this opposite party has to be dismissed.

            Opposite party No.2 entered in appearance and filed version.  Opposite party No.2 admits that the complainant is having an SB Account No.2644 in South Indian Bank, West Hill, that he had presented a cheque dated 10.6.2006 bearing No.914920 of ICICI Bank for Rs.3900/-.  Opposite party No.2 adopted the same version of opposite party No.1.

            Oppostie party No.3 after receiving notice called absent and set exparte. 

            Complainant was examined as PW1 and Exts. A1 to A8 were marked.

            During the time of examination of the complainant, complainant deposed before this Forum that service from the opposite party No.1 and 2 is satisfactory and they are exonerated from the liability and claimed no relief from the opposite party No.1 and 2.  No deficiency of service occurred from the opposite party 1 and 2.  Now the only question remains who is liable for the deficiency of service to the complainant. 

From the affidavit and Exts. A1 to A8, complainant’s case is proved.  There is an inordinate delay occurred on the part of opposite party No.3 and also the cheque bearing No.914920 for Rs.3900/- irrecoverably lost from the 3^rd opposite party.  It is the gross negligence and deficiency of service on the part of the 3^rd opposite party. 

            Therefore, petition is allowed and the opposite party No.3 is directed to return an amount of Rs.3900/- and a compensation of Rs.2000/- to the complainant.  Comply the order within one month of receiving the copy of this order.

            Pronounced in open Court this the 27^th day of February 2009.

                                                Sd/-President                      Sd/-Member

APPENDIX

Documents exhibited for the complainant:

A1            Photocopy of lawyer notice dated 18.12.2006 sent for the complainant to the

            Opposite parties.

A2            Photocopy of cheque dated 10.6.2006 for Rs.3900/-.

A3            Photocopy copy of Receipt of the cheque by South Indian bank.

A4            Photocopy of slip of returned cheuqe.

A5            Photocopy of the reply dated 20.12.2006 to A1 lawyer notice.

A6            Photocopy of the reply dated 6.1.2007 to A1 lawyer notice

A7            Photocopy of the receipt issued by the Professional Couriers No.6783446.

A8            Photocopy of the postal acknowledgement and postal receipt.

Documents exhibited for the opposite parties:

Nil.

Witness examined for the complainant:

PW1     Selvin Justes, Kozhithannilam, West Hill, Calicut-5. – Complainant.

Witness examined for the opposite parties:

None.

-/True copy/-

Sd/-President

Forwarded/By Order

Senior Superintendent.