Judgment on 24.02.2006
This is the case for complainant’s compensation.
The complainant’s case briefly state is that the complainant got an A/c pay cheque issued by L.I.C.I. Mutual Fund vide No. 085359 amounting to Rs.3768/-. The complainant deposited the said cheque in his saving Bank A/c No. P-375 lying with the respondent No. 1 Bank o 11.03.2000 for encashment of the same. Sometime later the complainant found that the said cheque has not been credited to his saving Bank A/C lying with the respondent Bank. The complainant asked the reason for non-credit of the said cheque amount on several times but he did not reply effectively but assured that the same will be credited very soon. On 20.09.2004, the respondent No.2 replied mentioning the wrong amount of the cheque and assured to comply the request with payment of interest on account of delayed collection. The respondents willfully and intentionally made delay in paying the amount without assigning any cogent reason. Under the circumstances, the complainant prays for an order for payment of the cheque amount of Rs. 3,768/- against the respondent No.1 & 2 and also prayed for payment of interest @ 10% p.a. for the deposited cheque.
The OP appeared but did not file ay written statement and also not appeared subsequently so the case3 is taken up for ex-party hearing.
On the basis of the above pleading of the party, the following points are taken up for consideration.
Points for decision
- Is the case maintainable?
- Is there any deficiency in service on the part of the OP?
- Is the complainant entitled to any relief as prayed for?
Decision
Point No.1. It is the case of the complainant that he is the consumer of the OP. This has not been denied by the OP. Further, the cause of action arises on and from 20.09.2004 when the petitioner was given reply by the SBI. Under the circumstances, we can say that the case is maintainable.
Point NO.2. It is the case of the complainant that he deposited the cheque of L.I.C.I. with the SBI/Khejuri Branch. The receipt (Extb.1) clearly shows that the complainant deposited the cheque of Rs.3,768/- with the SBI/Khejuri Branch. This has not been denied by the OP. Further the reply of SBI/Khejuri (exbt.2) clearly shows that he stated that “We shall advise you the development of the matter as soon as we receive the reply from drawee branch. However, the Bank will pay the interest on account of delayed collection”. This clearly shows that opposite party failed to pay any amount to the complainant rather they are waiting for having reply from the drawee branch. The reply was dated 20.09.2004. Now, the year is 2006. Many days have been passed. The default in payment by the Bank is no doubt very serious. Moreover, the OP is not contesting the case which shows that he has nothing to say against the prayer of the complainant. Under the circumstances we can say that the complainant is entitled to get the cheque amount to the extent of Rs.3,768/- and also interest on the amount, for such deficiency in service on the part of the Bank like SBI. Thus this point is disposed of in favour of the complainant.
Point No.3. On the basis of the foregoing discussion, we can say that the complainant is entitled to have Rs.3,768/- along with interest @ 10% per annum upon the deposited amount from the date of deposit i.e. 11.03.2000 to the date of payment. Thus the case succeed.
Ordered.
That the case be and the same is allowed ex-party against the OP. The complainant is entitled to have Rs.3,768/- along with interest @ 10% p.a. from 11.03.2000 to the date of payment from the OP. The Op is directed to pay the same by one month from this date after due collection from the drawe Branch failing which the complainant is at liberty to execute the order through proper court of law after expiry of the period mentioned above.
