ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite party to pay the cheque amount and allow the complainant to operate his account till disposal of consumer complaint and pay Rs.30,000/- towards cost of mental agony and litigation expenses”.
The brief fact of the case is that the complainant on 20.10.2020 the Proprietor of Mahaprabhu Jewellery issued one cheque bearing No.13443 amounting to Rs.2,30,000/- of Indian Bank, Jagatsinghpur Branch in favour of the complainant for repayment of the full and final advance amount against the jewellery ordered by the complaint. The complainant deposited the said cheque before his banker namely Andhra Bank (O.P.) vide his A/c No.137410100086821 on 23.10.2020 for realization of the above stated cheque. On 27.10.2020 the complainant got confirmation message through his registered mobile number that the above stated cheque has been realized and the amount has been credited to the account of the complainant. On 28.10.2020 when the complainant had been to ATM for withdrawal of money he knew that, his account is being withheld and the complainant proceed to the office of opposite party and enquired about the reason for withheld and the opposite party stated that, the cheque which was deposited by the complainant has been dishonored and the opposite party told to the complainant to pay the cheque amount credited to his account within two days failing which the opposite party will take legal action against the complainant. The opposite party has deducted a sum of Rs.2,000/- from the account of the complainant forcefully and threatening over phone if the said cheque amount will not be paid within two days, the complainant will face dare consequences.
The dispute relates to bouncing the cheque of nonpayment of amount as such it is a case to be adjudicated U/s.138 of N.A. Act. There is no deficiency of service which has been raised, established, explained in the consumer complaint. As such we find no merit in this consumer complaint and accordingly the consumer complaint is dismissed. No cost.
Pronounced in the open Commission on this 24th Feb.,2023.
