ORDER

Date: 10.04.2024

Per: Hon’ble Mr. Justice Sanjay Kumar, President

1.                      Present appeal has been filed on behalf of appellant/ opposite party no.1 Central Bank of India for setting aside the judgment and order dated 13.10.2015 passed by the District Consumer Forum, Gopalganj in complaint case no.58/2011 where by and where under appellant has been directed to pay Rs.4900/- (cheque amount) with interest @10% p.a. from 04.01.2010 till payment and further directed to pay Rs.20,000/- as compensation for physical and mental harassment and Rs.10,000/- as cost of litigation.

2.                     Briefly stated the facts of the case is that complaint is account holder in Central Bank of India (Appellant/O.P no.1) having account number 2215 in which he deposited two cheques of Bank of India (Opposite party no.2) for Rs. 3,554/- and Rs.1346/- (total Rs.4,900/-) on 04.01.2010 but cheque amount was not credited in his account for a long time. Complainant was informed that cheque has been send for collection and as soon as it is received cheque amount will be credited in his account, but amount was never credited.                      Opposite party no.1 send two reminders and thereafter send a letter to opposite party no.2 through son of complainant and he reached said Bank in Gaya were opposite party no.2 told him that said cheque amount has been send to opposite party no.3 by demand draft but opposite party no.3 when contracted refused to have received any such amount and his son returned back and thereafter no steps were taken by opposite party no.1 for encashment of cheque amount.

3.                      Complainant thereafter filed consumer complaint case before the District Consumer Forum, Gopalganj for payment of cheque amount of Rs.4,900/- with interest as well as compensation for physical and mental harassment and cost of litigation upon which notices were issued to the opposite parties.

4.                    Opposite party no.1 Central Bank of India  in its WS has admitted deposit of cheque by complainant in his Bank account and same being send to opposite party no.2 for clearance and due to delay in encashment he send reminders on 29.06.2010 and 01.07.2011, but cheque amount could not be credited then his send son of complainant to opposite party no.2 on 20.01.2011 for clearance of cheque amount but opposite party no.2 did not clear the cheque amount for its payment to complainant.

5.                        Opposite party no.2 Bank of India inspite of valid service of notice did not appear and case proceeded ex-parte against him.

6.                       Opposite party no.3 appeared and filed its written statement denying cheque amount being send to him by opposite party no.2 for crediting into the account of complainant.

7.                          The District Consumer Forum after hearing the parties and considering the materials available on record held that complainant had deposited two cheques amounting to Rs.4,900/- in his account which was send by opposite party no.1 to opposite party no.2 for clearance. Complainant ran from pillar to post to get the cheque amount credited in his account but same was never credited which amounts to gross deficiency in service and negligence on part of opposite party no.1 and opposite party no.2 and directed opposite party no.1 and opposite party no.2 to pay the cheque amount with interest jointly or severally to the complainant and further directed to pay compensation for physical and mental harassment and cost and litigation aggrieved by which opposite party no.1 has preferred this appeal before the State Commission.

8.                     Perused the impugned order as well as materials available on record and written  notes of argument submitted by the parties.

9.                         It is an admitted fact that complainant had deposited two cheques of Rs.3554/- and Rs.1346/- (Total Rs. 4,900/-) of Bank of India in his account on 04.01.2010. Both cheques were send for collection to Bank of India but never credited in the account of complainant for a long period. Opposite party no.1 send reminders and thereafter send son of complainant to opposite party no.2, but still amount was not credited into the account of complainant. Opposite party no.2 has stated that the cheque amount in form of Demand Draft was send to opposite party no.3 but when contacted opposite party no.3 refused to have received any such Demand Draft. However, no steps was thereafter taken by opposite party no.1 for crediting of Cheque amount in the Complainant’s account which shows gross deficiency in service by opposite parties.

10.                      It was incumbent upon opposite party no.1 to take all steps for crediting the cheque amount in the account of complainant and even assuming the cheque/Demand Draft was loss in transit, it was duty and responsibilities of opposite parties to prepare fresh Draft for making payment to complainant in which they measurably failed which shows gross deficiency in service and negligence of opposite parties.

11.                       There is nothing on record to indicate that the cheque amount was ever credited in the account of complainant.

12.                    Under similar facts relying upon several Judgments of National Commission Harayana State Consumer Commission in case of HDFC Bank Ltd. Vs. Ravi kakar 2019 (4) CPJ 28 has held that complainant is entitled for payment of Cheque amount as well as compensation for physical and mental harassment and cost of litigation relevant paragraph no.4 and 9, 10 of which are reproduced below: -

    “(4.) After hearing learned counsel for the parties and on going through the record, learned District Forum held that there was deficiency in service on the part of opposite party Nos.1,2 and 4 and the bank failed miserably to watch the interest of the complainant causing financial loss to him to the tune of Rs.3,00,000 and accordingly, directed opposite party Nos.1 and 2 to make good the losses caused to the complainant and to pay a sum of Rs.3,00,000 to the complainant in lieu of the cheque amount along with interest besides Rs.25,000 as composite compensation and litigation charge.

(9.) The complainant was entitled to collect the amount of Rs.3,00,000 on his presentation of cheque issued by the person who had taken a loan from him. His right to collect the cheque amount cannot be limited by awarding him only compensation and not the entire cheque amount. On account of deficiency in service committed by the Bank as the cheque issued in favour of the complainant was misplaced by the Bank then he is entitled to receive the entire cheque amount. Further, learned District Forum has also observed while passing the impugned order that the Bank was entitled to recover the various amounts from the concerned officials who had been negligent and careless in handing the cheque in question and/or the account holder who issued the cheque in question.

(10.) In view of the above, no case is made out for any interference in the impugned order passed by learned District Forum. The appeal is devoid of any merit and therefore dismissed.”

 13.            There is no merit in this appeal and is accordingly dismissed.     

14.           A copy of this order be supplied to both the parties free of cost as mandated by the C.P. Act, 2019. The order be uploaded forthwith on the confonet of the State Commission.

15.          Let the file be consigned in the record room along with copy of this order.      

Member (M)                                                                  Member (M)                                                     President                                                           

Mukund