No. 11/11.04.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant through Mr. P. K. Giri, the Ld. Advocate and Respondent Nos. 1 & 2 through Ms. Zarina N. Khan, the Ld. Advocate are present.

This appeal is by the Complainant against the order of dismissal of the complaint on 04.03.2010 the very date fixed for admission of the complaint by the Forum below on the ground of maintainability alone.  Admittedly the O.P. No. 3 issued a Demand Draft in favour of the Complainant drawn on the O.P. – Bank.  The said Demand Draft got lost from the custody of the Complainant.  The Complainant accordingly approached the Bank for payment of the amount under the draft to him by the O.P. – Bank without tendering the original draft which was denied by the O.P. – Bank.  Hence the above complaint.

It was alleged by him that the amount under the draft had not been debited from the Account of the Bank.  Therefore, the Bank should have paid him the amount as the draft was issued in his favour.  There being no valid tender of the aforesaid Demand Draft by the Complainant to the O.P. – Bank there was no deficiency of service by the Bank in the process.  The O.P. – Bank was not obliged to make payment of any amount to the Complainant in the absence of any proper negotiable instrument.  Therefore, question did not arise for any deficiency of service by the O.P. for not making payment of the amount as alleged to have been mentioned in the Demand Draft in favour of the Complainant by the O.P. No. 3.  We, therefore, do not find any illegality and/or infirmity in the impugned order whereby the complaint case was not admitted for the reason that there was no deficiency of service by the O.P.  – Bank to the Complainant.  The appeal is accordingly dismissed.