This is a complainant u/s 12 of C.P. Act 1986 filed by complainant Ratan Debnath where in it is contended inter alia to the effect that the complainant deposited three cheques bearing Nos. 230929; 230931; and 230930 for total sum of Rs. 3,00,000/- to O.P.Bank on 18.08.2012 for collection. But neither O.P. bank could collect the said sum nor communicated the reason to this complainant as to why these cheques were not encashed. Subsequently the complainant sent two times demand notice to the O.P. for knowing the reason of non-collecting the amount of the said cheques. But no satisfactory report from O.P. is received by the complainant. Lastly, the complainant send Lawyer’s notice on 29.07.2013 to the O.P., but no reply is received from the O.P.
Hence this case.
The O.P. contested this case by filing written version and denied all material allegations as alleged by the complainant against the O.P. It is specific case of the O.P. that the case is not maintainable in law and defect for misjoinder and non-joinder of parties. It is also case of the O.P. that the then Chief Manager of O.P.Bank, Jalpaiguri Branch issued a letter vide Ref.No. CM/118/433 dated 17.10.2012. It is further contended that the complainant filed those cheques before the Bank with wrong Branch Code No. 0995 and the actual Branch Code No. is 0095 since the year 1925. Thus taking furious technique against the bank the complainant hit the reputation/ goodwill of the O.P. Bank. In this circumstances the case is liable to be dismissed with cost.
Upon the above averments parties went on hearing with the following points:-
POINTS TO BE DECIDED
- Is the complainant entitled to get relief as sought for?
- What other relief/reliefs is the complainant entitled?
DECISION WITH REASONS
Points No. 1& 2:-
Both the points are taken up together for consideration for the sake of convenience as the same are interlinked and interrelated.
Admittedly the cheques in question were deposited by the complainant in the O.P.Bank for collection
Admittedly, the cheques in question were not send by the O.P. Bank to the concerned bank for collection of the sum in question from the account of the cheque issuing authority. In course of hearing we got materials due to non-collection by the O.P. through those three cheques, the complainant send demand notice dated 12.10.12 to the O.P. who in reply to that notice gave information to the complainant to enquire into the matter for non-collection in the S.B.I., Netaji Subhash Road Branch at Kolkata. Again on 05.11.2012 complainant send another notice to the O.P. knowing the present status of the cheques, but no reply is received by the complainant from the O.P.
Again on 29.07.2013 the complainant send another notice to O.P. through their Advocate of which no answer was received by complainant.
After having gone through the entire record with meticulous care and after having considered the documentary evidence on record we are of the opinion that complainant adduced sufficient evidence to prove his case for which he is entitled to get relief as sought for.
Thus the case succeeds.
Hence it is.
O R D E R E D
That the C.C. 69/2013 u/s 12 of C.P.Act 1986 filed by the complainant Ratan Debnath he and the same is decreed on contest against the O.P. with cost of Rs. 1000/- to be paid by the O.P. Bank in favour of the complainant.
The O.P. is further directed to call back those three cheques from the complainant for getting revalidated or issue fresh cheques in lieu there of by the issuing authority within 15(Fifteen) days from this date and encash the cheques if fund is available in concerned Bank or return the cheques to the complainant, ( if fund is not available in the concerned bank) duly bounced for his doing the needful.
OR/ALTERNATIVELY
If the O.P. Bank fails to carry out the above mentioned direction/Order, in that case, the O.P. Bank is to pay-Off Rs. 3,00,000(Rupees Three lacs)only, the total sum of the said three cheques in favour of the complainant.
The O.P. Bank is also to pay a sum of Rs.30,000/-(Rupees Thirty thousand)only in favour of the complainant as compensation for his mental agony.
The O.P. Bank is directed to pay-off the above mentioned amount within one month from this date in favour of the complainant, failing which the complainant is to recover the said entire amount along with interest @ 10% p.a on the decretal amount to be calculated on and from the date of filing of this case till recovery of the entire dues by filing a separate proceeding as per provision of law.
