Non-encashment of a cheque resulting in not being credited to the account of the complainant / consumer has obliged the complainant to lodge this complaint for redressal u/s 12 of the CP Act, 1986.

            The summation of the complaint goes that the complainant got a cheque of Rs.1,50,000/- vide No. 347393 dt. 27.7.2017 on Andhra Bank, New Garia Branch. The said cheque was signed by Smt. Supriya Ghosh, proprietor of M/s. Spectrum Info Firm and handed over to the complainant through Sri Subhankar Kundu, the OP No. 4 herein. The payment was made as refund to the complainant by the OP Nos. 2 & 4. The said cheque was deposited with the U.B.I. Bank, Dikul Branch on 26.4.2017 by the complainant who maintains the account with the said bank bearing A/c No.1361010105087. The cheque was deposited 2 months later of the date of issue as advised by the OP No. 4. The cheque has been returned to the complainant by the OP No.1, 90 days after date of issue stating that the cheque lacked in proper endorsement. The complainant labels the charge of deficiency in service on the part of OP No.1 for which the cheque has not been encashed. Now, the complainant claims the principal amount of Rs.1,50,000/-.

            The OP Nos. 2 &3 cannot be traced out according to the postal track record, so the summons of this Forum cannot be reached to them. The OP No. 4 had refused to take delivery of the summons of this Ld. Forum according to the postal track record. The OP No. 1 had appeared through the Ld. Advocate. So, the case was heard ex parte against the OP Nos. 2, 3 & 4.

            The OP No. 1 in their written version denied all the allegations and with the documents kept in the record had tried to prove their official efforts for encashment of the cheque. They had also claimed that Andhra Bank at New Garia Branch should be made a party in the instant case for adjudication.

            On argument Ld. Lawyer appearing for the complainant stated to this Forum that the cheque having not been encashed have come to the knowledge of the complainant after a legal notice has been served to the OP No.1. On enquiry of this Forum Ld. Lawyer and the complainant in person conveyed that they had tried to get a fresh cheque from OP No. 2 through OP No. 4, who had denied to helping in this regard. Ld. Counsel also argued that lack of endorsement in the said cheque as stated by OP No. 1 is the responsibility of the OP No. 1 not the complainant. So, the claimed amount in the written complaint should be paid by the OP No. 1.

            Ld. Lawyer appearing for the OP No.1 with documents proves that they had informed the customer herein the complainant about the non-encashment of the cheque and also reasons for non-encashment in writing on 30.5.2017, 8.6.2017 and 5.7.2017. They had sent the cheque to Andhra Bank, Kolkata Branch through their local head office as per regulations as there is no branch of Andhra Bank in this district. So, they had no deficiency in service. He argued further that Andhra Bank remaining non-joinder because of non-encashment of the cheque cannot be traced out.

DECISION  WITH  REASONS

The aforesaid discussion reveals that the complainant has been deceived not by the OP No. 1, but by the OP Nos. 2 & 4. Actually the OP Nos. 2 & 4 have deceived the complainant with some pre-authored plan. It is crystal clear from the attitude of the OPs to the Summons sent by this Forum.

Hence, it is

                                                O R D E R E D

            that the OP No. 4 is directed to pay Rs.1,50,019/- with an interest @ 8% p.a. w.e.f. 24.11.2016 to 8.8.2018 within 30 days from the date of this order, failing which the complainant will be entitled to get interest @ 10% p.a. on the whole sum of the amount up to 8.8.2018. He is also further instructed to pay Rs.5,000/- as litigation cost to the complainant within the aforesaid stipulated period of time from the date of this order. The OP No.4 will have to recoup the whole amount from the OP No. 2 after making payment to the complainant. The OP No. 1 and OP No. 3 are acquitted of charges.

            The case be and the same succeed on contest.

            Let a plain copy of this order be furnished to the parties forthwith free of cost.

            The Registrar-in-Charge of this Forum is directed to send a copy of this order to the OP No. 4 by registered post immediately.