PER SHRI. S.M. RATNAKAR – HON’BLE 

1)       By this complaint the Complainant has prayed that the Opposite Party be directed to pay Rs.4,96,367.82 paise as shown in the statement of claim and as per prayer clause of the complaint towards value of services and compensation claimed in the complaint. 

2)          .90 towards charges for dishonor of the aforesaid cheque. 

3)          .03 and Rs.13,686.97 balance was available as per the credit limit of the Complainant.   

4)            

5)       written statement.   .00 and there was no transaction on 06/12/09.   .03 and two cheques for withdrawal bearing No.6804 for the amount of Rs.4,949/- and Cheque No.6803 for the amount of Rs.4,100/- were presented on 08/12/09 in the Complainant’s account. .97 in the Complainant’s account hence, cheque No.6803 presented on 08/12/09 was not cleared as there was shortfall of amount of Rs.362in complaint’s account and accordingly, concerned cheque was retuned with reason “Insufficient funds”.  .98 as on 27/04/2010. It is submitted that the Complainant is trying to cheat the Opposite Party on the ground of alleged deficiency of services and avoided to make payment of legitimate dues of the Opposite Party.     

6)             

7)       .30 even debiting the amount of late payment fee of Rs.276/-. .97 from the bank statement placed on record by both sides in our view has been proved by the Complainant. .89 paise which is also shown in the statement of account of the Complainant. .89 paise.  .03 is also shown reduced to Rs.54,037.03 and thereafter the amount of Rs.276/- is shown as debited towards late payment fee and on 08/12/09 the minus balance in the O.D. Account of the Complainant is shown as Rs.54,313.03/- as alleged by the Complainant.     .90 towards charges for dishonor of the said cheque also in our view can be said as act of wrongful collection on the part of the Opposite Party. The Complainant has claimed total amount of Rs.4,96,397/- towards compensation for negligence and deficiency in service. In our view the said claim made by the Complainant is totally exorbitant. .90 towards cheque dishonor charges if an amount of Rs.15,000/- in total would be granted, it would be just and proper.  .97.   

O R D E R

i.                   Complaint No.55/2010 is partly allowed against the Opposite Party.

ii.                The Opposite Party is directed to payRs.15,000/- (Rs.Fifteen Thousand Only).

iii.              The Opposite Party is directed to pay Rs.2,000/- (Rs. Two Thousand Only) to the Complainant towards the cost of this complaint. 

iv.              The Opposite Party is directed to comply with the above order   

v.                 Certified copies of this order be furnished to the parties.