Date of filing:- 16/10/2014

Date of Order:- 16/12/2015

DISTRICT CONSUMER DISPUTES REDRESSAL FOURM (COURT)

B A R G A R H.

Consumer Dispute Case No. 26 of 2014.

Ramniwas Agrawal, S/o Late Govindram Agrawal , managing Partner of Binayak Finance, R/o.- Shaktinagar, P.O./P.S./Tah./Dist.- Bargarh,

..... ..... ..... Complainant.

• V e r s u s -

The Branch Manager, Panjab National Bank, At./P.O./Dist.-Bargarh.

..... ..... ..... Opposite Party

Counsel for the Parties:-

For the Complainant :- Sri M.K. Satpathy Advocate with others Advocates.

For the Opposite Party :- Ex-parte.

-: P R E S E N T :-

Mrs Anjali Behera .... ..... ..... ..... M e m b e r.(w), I/c President.

Sri Pradeep Kumar Dash ..... ..... ..... ..... M e m b e r.

Dt.16/12/2015. -: J U D G E M E N T:-

President by Smt. A.Behera, Member, I/c President.

Facts of the case:-

Complainant files this case against the Opposite Party deficiency of service and claims suitable compensation for the kinds of damages sustained upon causing the deficiency of service. Complainant is the managing partner of Binayak Finance, Bargarh and consumer of the Opposite Party. On Dt.23/02/2010 Complainant deposited cheque bearing No. 032803 Dt.23/02/2010 amounting Rs. 1,55,000/-(Rupees one lakh fifty five thousand)only of Co-operative Mini Bank, Sarandamal S.C.S. Ltd., issued by Kalyani Pradhan before the Opposite Party Branch for collection. But the money in cheque was neither credited to the account of the Complainant nor the cheque returned to the Complainant. Opposite Party though assured for several times did nothing in the matter. Ev en after getting the pleaders notice Opposite Party did not cared to respond for which this complaint arises. Such acts of the Opposite Party is deficiency of service and Complainant needs to be suitable compensated for the losses sustained.

Complainant filed following documents on Dt.05/11/2014.

1. Cheque deposit slip of PNB, Bargarh.

2. Notice Dt.16/06/2010 address to Branch Manager, Punjab National Bank, Bargarh.

3. Pleader notice Dt.13/05/2010 address to Branch Manager, Punjab National Bank, Bargarh.

4. Postal receipt bearing No.064056 Dt.13/08/2010 and Postal A.D. singed by Branch Manager, Pubjab National Bank, Bargarh.

5. Notice Dt,06/09/2010 addressed to Ramnivas Agrawal send by Mahesh Kumar Agrawal, Advocate, Bargarh on behalf of Branch Manager, Punjab National Bank, Bargarh.

6. Pleader Notice Dt.22/08/2014 address to Branch Manager, Punjab National Bank, Bargarh.

7. Postal A.D. Dt.25/08/2014 signed by Branch Manager, Punjab National Bank, Bargarh.

Upon acceptance of the complaint for adjudication notice has been duly served upon the Opposite Party who did not turned up and finally set ex-parte on Dt.07/04/2015.

Ex-parte hearing was done on Dt.02/11/2015 where in Complainant present and submitted his cause and concerns in great detail referring to the documents filed. In absence of presence of the Opposite Party and documents from other side scope of denial did not occurred. No statement of account filed by Complainant to disprove the denial of Opposite Party about insufficient funds in the account of drawer. No any document or any affidavit is filed from the drawer of the cheque to disprove insufficient funds.

No any documents to prove cancellation of the cheque either available.

In absence of the drawer of the cheque it is unascertainable that whether fresh cheque has been issued or not as the explanation given to the pleaders notice speaks about non receipt of the cheque till Dt.06/09/2010. So the cheque may have already lost its validity and can not be encashed. Which in absence of materials not ascertainable. But one thing may be pointed out here that when communication are done so neatly how come Opposite Party did nothing to trace the lost cheque is clear negligence on their part who are dealing with public money.

But it is evident that Complainant have suffered mentally losses in the shope of interest on the principal amount of the cheque if had been deposited on the date. But it is also not clear whether any fresh cheque has been issued by the drawer of the cheque which has been paid and interest loss had not been occurred in between this.

Further a business organisation will not wait 4/5 years long to encash a cheque. It will take payment within month of failed though a cheque. But one thing certainly happened here is that a cheque has been deposited which was not encashed neither the cheque was returned with any reason for non encashment and losing of a cheque from Banks(Opposite Party) or its branch is negligence and deficiency of service.

Under the above discussed facts and circumstances Forum decides that Opposite Party is guilty of deficiency of service.

O R D E R

Opposite Party is directed to pay Rs.5,000/-(Rupees five thousand)only to the Complainant for the mental agony and litigation expenses within one month of this order, failing which, award amount carries an interest rate @ 9% per annum till final payment.

Disposed accordingly.

Typed to my dictation

and corrected by me.

( Smt. Anjali Behera)

M e m b e r,I/c President

I agree,

(Sri Pradeep Kumar Dash)

M e m b e r