Order No.  15  dt.  15/09/2017

       The case of the complainant in brief is that the complainant maintains a current account with the o.p. bank. During the course of business the complainant paid an amount of Rs. 10,00,000/- to M/s. Maple Precision being cheque no. 787561 drawn on Canara Bank, Sarat Bose Road branch, Kolkata which was forwarded to the HDFC Bank, Rashbehari branch on 05/09/2014. But the o.p. refused to honour the said cheque on the ground as stated as Ínsufficient Fund’ though the complainant had the amount in the said account to the tune of Rs. 17,83,923/-. The o.p. bank deducted an amount of Rs. 797/- from the complainant’s account for bouncing of cheque against the said transaction. On the basis of the said fact the complainant filed this case praying for direction upon the o.p. to pay compensation of Rs. 5,00,000/- and litigation cost of Rs. 20,000/-.

            O.p. did not contest the case as such the case has proceeded ex-parte against the o.p.  

Decision with reasons :-

            The complainant in order to proof the case filed some documents including the Xerox copy of the passbook to show that the said complainant had the amount in their account to the tune of Rs. 17,83,923/- and the complainant issued the cheque of Rs. 10,00,000/- to M/s. Maple Precision being cheque no. 787561 drawn on Canara Bank, Sarat Bose Road branch, Kolkata which was forwarded to the HDFC Bank, Rashbehari branch on 05/09/2014. But the o.p. refused to honour the said cheque on the ground as stated as Ínsufficient Fund’ though the complainant had the amount in the said account to the tune of Rs. 17,83,923/-. The o.p. bank deducted an amount of Rs. 797/- from the complainant’s account for bouncing of cheque against the said transaction. The evidence of the complainant remained unchallenged. Therefore we have no other alternative but to accept the case of the complainant as such the complainant will be entitled to get the relief.

            Hence, it is ordered,

            that the case no. 84 of 2015 is allowed ex-parte against the o.p. bank with cost. O.p. bank is directed to refund an amount of Rs. 797/- and to pay compensation of Rs. 1,000/- along with litigation cost of Rs. 500/- within 30 days from the date of communication of this order, i.d. an interest @10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization. 

           Supply certified copy of this order to the parties free of cost.