Hon’ble Mr. Sudip Niyogi, President

The fact of the instant complaint in brief is that the Complainant had deposited a Cheque with the OP No.1 for Rs.1 lakh issued in his favour by the Tower Company (Electrical) in consideration of acquiring a piece of land of the Complainant for setting up a tower.  The said cheque bearing No. 315063 dated 28.12.17  issued by Kotak Mahindra Bank Ltd. Siliguri  was received by the Complainant from the Tower Company.  Subsequently, the Complainant found that the amount of the said cheque was not credited to his Savings Bank Account bearing No.4000771010002270 with the OP No.1.  This matter was brought to the notice of the OP No.1 by filing a written complaint.  As the Complainant could not realize the said amount from the OP No.1, the instant case was filed before this Commission praying for several relief (s).

The OP No.1 filed written version wherein it was stated that instead of a cheque, one Demand Draft was deposited with them by the Complainant.  The OP No.1 sent the said Demand Draft to Uttarbanga Kshetriya Gramin Bank, Siliguri for collection, but it was found that the said Demand Draft was lost from the custody of the said Uttarbanga Kshetriya Gramin Bank, Siliguri, for which a general diary was lodged with Siliguri Police Station on 23.04.18.  According to the Ops, the Complainant is not entitled to any relief from them.

 Now, the point for consideration is whether the Complainant is entitled to any relief as prayed for in this case.

Findings

We have gone through the materials on record including evidence and also written argument filed by the Ops.  We have also gone through the relevant documents.  One thing is clear that the Complainant had deposited a cheque with the OP No.1, whereas the OP No.1 has claimed that it was not a cheque but a Demand Draft of the same number.  However, subsequently, during cross-examination, it was made clear that the document, which was deposited by the Complainant with the OP No.1, was a Demand Draft amounting to Rs.1 lakh drawn in favour of the Complainant.  It was also admitted that the Op No.1 had received the said Demand Draft and thereafter they sent it to the Uttarbanga Kshetriya Gramin Bank, Siliguri for collection, but unfortunately, the said Demand Draft got lost from their custody.  As a result, the Complainant did not get the amount of the said Demand Draft from the OP No.1.  Annexure Ä” is the said Demand Draft bearing No.4000771010002270 in favour of the Complainant for Rs.1 lakh issued by Kotak Mahindra Bank Ltd. Siliguri.

Under the circumstances, it is found that the Complainant cannot be blamed in any way for loss of the said Demand Draft, rather, Uttarbanga Kshetriya Gramin Bank, Siliguri  was at fault in getting the said instrument missing.  So, it is clear that due to the negligence, the said instrument was lost depriving the Complainant of his legitimate claim.

The said Demand Draft was deposited with the OP No.1 on 28.12.17 and this case was filed by the Complainant on 12.04.18 and since then, this case was pending without getting any benefit by the Complainant.  In view of the above facts and circumstances of the case, we find that it is the Ops, who are liable to pay the said amount to the Complainant in connection with the Demand Draft deposited with the OP No.1.  This apart, Complainant is also entitled to compensation on account of deficiency of service on the part of the Ops, harassment, mental pain and agony and litigation cost.

Hence, it is ordered -

That the instant case be and the same is allowed on contest.  The O.Ps are directed to pay Rs.1 lakh (Rupees One Lakh) only, being the amount of the Demand Draft alongwith interest @ 6% per annum from 28.12.17 till this date to the Complainant. 

The O.Ps are also directed to pay Rs.10,000/- (Rupees Ten Thousand) only towards compensation for harassment, mental pain and agony and deficiency in service, and Rs.3,000/- (Rupees Three Thousand) only towards cost of litigation.

The O.Ps are directed to pay the amount on all counts as aforesaid to the Complainant within 45 days from the date of this order, failing which the said amount shall carry interest @ 8% per annum till realization.

Let plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action, if any. The copy of the Final Order also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.