1.Alleging deficiency of service and unfair trade practice the complainant filed this case against the O.P for return back of Rs.1, 00,000/- with compensation.
2.The case of the complainant is that for supply of labour and mason, the O.P. asked the complainant to pay of Rs.1,00,000/- for the aforesaid purpose and accordingly the complainant made payment Rs.1,00,000/- on 10.10.2017.The O.P. could kept this promise and not supplied labour and mason to the complainant. For the above reason ,the complainant approached the O.P to return back his Rs.1, 00,000/- as he did not keep his promise for supply of labour and mason. The O.P. issued a cheque videNo.079070 dtd. 18.6.2017 in favour of the complainant amounting Rs.1,00,000/-.As there is no sufficient balance in his account, the O.P asked the complainant to wait for some days and en cashed the cheque.-.The complainant waited for about 2 months and on 24.8.2017 the complainant deposited the cheque for en cashment, but the Axis Bank Boudh has returned back the cheques mentioning not sufficient balance in the account of the O.P.Thereafter the complainant approached the O.P. for several occasions for payment to him as the O.P. could not take any steps for payment of the money, the complainant filed this case against the O.P.for a direction to return back the amount and compensation.
3.After being noticed, the O.P. appeared and filed counter in this case. The case of the O.P. is that he denied all the allegation mentioned in the complaint petition. The O.P is neither supplier of labour nor mason nor he has taken Rs.1, 00,000/- from the complainant on 10.6.2016.The complainant had made contact with the O.P. for construction of latrine work under Swachha Bharat Mission and started working during the month of August,2016 to May,2017,For the above purpose, the O.P claimed Rs.1,70,000/- towards the labour charges. The complainant paid Rs.50,000/- to the O.P and assured him to pay the rest amount after 15 days. The O.P. asked the complainant about the payment of balance amount which was pending against him, but the complainant unable to pay the same as by that time they are not working with him. After some days the complainant convince to made an agreement with the O.P to share the bill as 50 % on further work and accordingly, an agreement was made before the Notary Public ,Boudh.The complainant alongwith one Brundaban had come to the house of the O.P at Mundapada forced to sleep with him in the night and on the said night the complainant theft away the original copy of the agreement alongwith the cheque book of theO.P provided by bank against his account. In the next morning the complainant threatened the O.P to work with him otherwise he will take action against the O.P.The O.P. could agree with the said proposal. The complainant threatened that the agreement and cheque book was with him and he I would take action against theO.P.TheO.P asked the local Sarpanch to intervene the matter and to return back the cheque book and at last the complainant agreed upon to return back the cheque book, but the complainant could not return the same. After some days, the complainant produced the cheque with false signature of the O.P.when the same has been produced in the bank for encashment.The Axis Bank refused to en cash it. The O.P. informed the matter to the bank and he blocked his account alongwith the cheque book. The O.P. further prays, that the case is not maintainable and liable to be dismissed with cost,
4. During the course of hearing, the complainant has given much stress upon the cheque issued in the issue din the name of the complainant for payment .As the bank refused to en cash the money as there is no sufficient balance. The advocate of the O.P. submits that the cheque has not been issued by the O.P and no signature has been given by the O.P. on the face of cheque.The O.P submitted anew story that the cheque book and all his papers have been stolen and as such he blocked his account alongwith the cheque issued by the bank. When the complainant claims that the cheque has been issued by the O.P is a genuine one and in the same time the O.P had denied that he did not issue any cheque with his signature. As this matter is a controversial one on the point of issuing cheque and denied by the issuing person the matter will not be decided by this court to decide on the above issue and accordingly the case is dismissed without cost against the O.P. and direct the complainant to shelter in the proper court of law if he so desires.
Order pronounced in the open court under the seal and signature of the forum this the 29th day of November, 2017.
