ORDER

1. The complainant has filed the complaint alleging deficiency of service against O.Ps.

1. The complainant’s case in brief are that  he is an account holder with O.P.1 and one B.S.Thope Gowda has given cheque for Rs.50,000/- on 25/04/2013. The complainant presented the said cheque on 17/07/2013 to the O.P.1 for encashment. The O.P. without sending the cheque intime for collection to O.P.2 has returned the cheque on 19/07/2013 by stating Stale Cheque returned on 26/07/2013 as stale.

1. The deficiency has arised  an account of act of O.P.1  and thereby  there is loss of Rs.50,000/- to the complainant. The O.P.1 has stated that it has sent the cheque within the time but the O.P. returned the cheque with an endorsement that Stale cheque and there is no deficiency of  service by the O.P.1.

1. The O.P.2 has stated that the O.P.1 has not sent the cheque on 19/07/2013 and it has not issued endorsement as stated by the complainant.  The notice has been suitably replied by O.P.2

1. The O.P.2 has stated that  it had received the cheque of the complainant on 25/04/2013 through S.B.I. Arakalagoodu on 04/05/2013 and has there is no money in the account of Thope Gowda and cheque has been returned. The said cheque had not been sent to it again for encashement.

1.   The following points arises for consideration.
   1. Whether the complainant had shows  deficiency of service committed by the O.Ps.?
   2. To what order the parties are entitled?

1.  The findings for the above points are that

Point No.1: Affirmative in part

Point No.2: As per order.

                                                      REASONS

1. POINT NO.1:- The complainant’s case in brief are that he has presented the cheque dt. 25/04/2013 for Rs.50,000/- to the O.P.1 on 17/07/2013 for collection. The O.P.1 has not sent the said cheque  within time to the O.P.2 but he sent the same on 19/07/2013 and O.P.2 has returned the  cheque on 27/07/2013 with an endorsement as Stale Cheque.
2. The O.P.2 has stated that the cheque of the complainant has been sent within time but the O.P.2 has returned the said cheque  to it with intimation Stale Cheque. There is no deficiency of service by it.

1. The O.P.2 has stated that it has not at all received the cheque and therefore there is no deficiency of service by it.

1. The cheque  has been produced along with the endorsement issued by the clearing CPC Mysore as well as O.P.1.

1. The cheque has been sent on 19/07/2013 by the clearing CPC Mysore and they have made an endorsement as Stale cheque as on clearing date 26/07/2013.

1. The endorsement issued by the State Bank of India shows that the cheque has been returned by the CPC Mysore by stating that as Stale Cheque.

1. The cheque has dated 25/04/2013 and it has been presented to S.B.I, Chamarajanagar on 17/07/2013 and still there was 08 days for clearing the cheque. The cheque has not  been sent on 19/07/2013 or on the next day. The O.P.1 has not produced any material to show that why it could not  send it for clearing on the same day or next day.

1. The S.B.I. clearing house does not say that when it has received the cheque it only shows that the branch has received  on 19/07/2013.

1. If the above are considered,  it becomes clear that 08 days was there  for clearing for collection of the cheque and O.P.1 along with its clearing CPC Mysore have committed deficiency of service in not sending the cheque on 17/07/2013 itself or on the next day. The endorsement produced by the O.P.1 does not show that it could not been  stale as on clearing date. State Bank of India, Clearing CPC does not show when  it has received the cheque  and when it made attempts for clearing  this shows there is deficiency of service by the O.P.1  and its clearing house.

1. It can be said from the above that the complainant has made out grounds to shows deficiency of service committed by  the O.P.1

1. POINT NO.2:- The complainant is entitled for value of the cheque along with compensation because of deficiency of service by the O.P. for collection of amount due under the said cheque

1. In view of the above following

ORDER

The complaint is allowed in part.

1. The complaint against O.P.2 is dismissed.

1. The O.P.1 shall pay Rs.50,000/- along with 6% interest  from 19/07/2013  till payment  along with compensation of Rs.5,000/- and  Rs.2,000/- being the cost of the proceedings to the complainant.