M/s. Vardhman Health Specialties Pvt. Ltd., the complainant herein has filed this consumer complaint under Section 21 (a) (i) of the Consumer Protection Act, 1986 with following prayer: -2- (i) A sum of Rupees Ninety four lakhs sixty eight thousand seven hundred fifty four (Rs.94,68,754/-) being the total amount under the twenty cheques. (ii) An interest at 18% on Rs.94,68,754/- from 14th December 2011 till the date of payment. (iii) Compensation of Rupees Twenty Five lakhs together with such other relief that this Honle Commission deem it fit to grant having regard to the facts & circumstances of the complaint. 2. Allegations in the complaint are that the complainant presented 16 cheques issued by M/s. Dixit Pharma with the opposite party no.1 bank for collection from the concerned bank. Deposit slips pertaining to those cheques were duly issued by the opposite party no.1. Besides that the complainant dropped five other cheques issued by the same party in the drop box of Axis Bank. When the amount of those cheques was not credited in the account of the complainant, the complainant approached the OP no.1 and the OP no.1 informed that those cheques have been misplaced and they have issued -3- stop payment instruction relating to cheques to the drawee bank. Alleging this to be deficiency in service, the complainant has preferred this complaint claiming the amount of aforesaid 21 cheques i.e. Rs.94,68,754/- with 18% interest w.e.f. 14.12.2011 till the date of payment together with Rs.25 lakhs as compensation for harassment and trauma. 3. On perusal of the complaint, we find that it is not the case of the complainant that the amount of the cheques in question have been siphoned off by someone or credited to the account of third party. As per the complaint, when the complainant approached the OP no.1, OP no.1 informed that those cheques have been misplaced and they have issued stop payment instruction relating to cheques to the drawee bank. From this it is evident that the cheques in question have not been encashed. There is nothing in the complaint to suggest that after coming to know about the misplacement of cheques and stop payment instruction, the complainant approached M/s. Dixit Pharma with a request for replacement of those cheques or payment of amount of those cheques. Thus, it is evident that so far -4- as the amount of those cheques, the complainant has not suffered any loss. Of course, there is still deficiency in service inasmuch as the OP bank did not take proper care of the cheques deposited even for collection. However for that deficiency the complainant cannot claim compensation to the tune of Rs.1 Crore or more. This is a case of inflated valuation of the complaint. In view of the discussion above, as per the allegation of the complaint, this complaint is not maintainable before the National Commission. The complaint is accordingly rejected. |