31/03/2009:<br /> Complainant/By Sri: IP<br /> Opposite Party/By Sri:<br /> <br /> The complainant has filed complaint stating that has purchased two wheeler and it was financed by opposite party. Complainant has made payment of Rs.42,176/- and opposite party advanced loan of Rs.30,850/-. The monthly installment payable is Rs.3,085/-. Complainant has given 10 post dated cheques to opposite party from July-2008. One cheque was realized by opposite party out of 10 cheques. Thereafter, the opposite party did not present his cheques. In the month of November-2008 the opposite party came to his house and told that they will collect the amount by cash directly. The complainant submitted that opposite party presented three cheques and they got bounced for which the complainant shall be in no way held responsible. Complainant has paid two installments one by cheque and one by cash. Complainant submitted that opposite parties have taken undue advantage of the young age and inexperience of the complainant. Therefore, he prayed that opposite party be directed to pay compensation of sRs.50,000/- for mental agony and humiliation. <br /> <br /> By reading the complaint no deficiency in service on the part of the opposite party has been made out. Admittedly, the complainant had taken loan from the opposite for purchasing two wheeler and given from two post dated cheques. As per the case of the complainant three cheques got bounced. Therefore, the opposite party cannot be held responsible for bouncing cheques. It is the duty of the complainant to see that the cheques are honoured and he should have kept sufficient amount in his Bank account. If at all the opposite party had promised that the amount would be collected by cash instead of cheque, the complainant could have taken back the post dated cheques from the opposite party. So in this way there is no question of any deficiency in service on the part of the opposite party. The complainant has to approach the opposite party and sort out the problem. If he wants to pay the amount by cash and then he has to take back the post dated cheques and pay the amount in monthly installments as per the commitment. If he do not want to pay the amount in cash then he should see that sufficient amount is kept in his Bank account so that the cheque shall not be bounced. So under the circumstances, there is no question of any deficiency in service on the part of the opposite party. The complaint on the face of it is not maintainable. Therefore, it is not fit to be admitted. In the result, I proceed to pass the following:-<br /> <br /> ORDER<br /> <br /> The complaint is not admitted and the same is dismissed. <br /> <br /> Send the copy of the order to both the parties. <br /> <br /> <br /> MEMBER MEMBER PRESIDENT. <br />