As per order dated 09.02.2024 contained in letter No.247-250, I am conducting these proceedings while sitting singly.

 2.               Present appeal has been preferred against order dated 13.03.2024 passed by District Consumer Commission-Rewari, vide which complaint has been allowed and OPs/appellants have been directed to pay: cheque amount of Rs.5.00 lacs along with interest to complainant. Allied relief(s) of compensation of Rs.50,000/- on account of mental agony and harassment and Rs.11,000/- towards litigation expenses have also been awarded to complainant. Along with appeal; application (MA No. 328 of 2024) for interim relief/stay has also been filed. While pressing for interim relief/stay, learned counsel for appellants has contended that: impugned order does not carry any logical analysis of facts and circumstances. Officials of Bank informed complainant that expiry of validity period of cheque had resulted due to error in Bank’s system which was beyond its control; consequently, cheque could not be enchased and complainant was commanded to bring new cheque. It is further urged that: complainant presented cheque for clearance, intentionally at time when just five days were left for expiry of its validity. In view of above facts as per contention; there could not be any deficiency in service on part of appellants, even remotely. Learned counsel has relied upon judgment of Hon’ble National Consumer Commission in case titled as State Bank of India Vs. Muntha Lakshmi Kumari 2008 (55) RCR (Civil) 251 in order stimulate his contentions for interim stay.

3.                Prima-facie above contentions of learned counsel for appellants, do not carry any credence. Reasons are obvious. Specific case of complainant was that: he lost amount of Rs.5.00 lacs, because cheque was not got encashed by Bank during its validity period; Bank officials kept it with them. It was not dishonoured. It is also his specific case that he apprised Bank that he could not produce another cheque of same amount. Learned District Consumer Commission has recorded a specific finding that: case so set up by appellant-Bank on the line of some online snag in computer system or that there was some software issue has not been proved by appellants-Bank. Reliance placed by learned counsel on cited judgment will not enure any benefit to appellants. As per the facts of cited judgment; cheque was lost in transit, when it was handed over to courier agency for being sent to drawee bank for collection. Here, in present case, cheque in question was presented to appellants-Bank itself but was not sent for clearance, due to pleaded reason of snag in Bank’s system, which remain unproved and cheque’s validity had expired. Hence, facts of cited judgment are distinguishable to facts of present case. Other contention that complainant intentionally presented cheque in question to appellant-Bank for its clearance/encashment, at the time, when just five days were left for expiry of its validity, also does not hold ground for the reason that: even five days time was sufficient for clearance/encashment of cheque. This being so, there would be no interim relief/stay during pendency of this appeal  and prayer  of  interim  stay  is ​declined. Application (MA No. 328 of 2024) for interim relief/stay stands disposed off in above terms. As per office report, Rs.3,48,105/- has been deposited by appellants, being statutory amount required to be deposited while filing instant appeal. This amount will keep lying here during pendency of this appeal.

4.      After deducting statutorily deposited amount of Rs.3,48,105/- from awarded amount; balance amount along with awarded interest of 9% p.a. plus amount awarded as compensation of Rs.50,000/- on account of mental agony and harassment plus amount of Rs.11,000/- towards litigation expenses would now be deposited by appellants-Bank before learned District Consumer Commission within four weeks from today, which would on being deposited be released to complainant subject to complainant’s furnishing adequate surety to the satisfaction of learned District Consumer Commission-Rewari.

5.                Let notice of main appeal be issued to respondent for 28.11.2024 through registered post.