SRI.K. VIJAYAKUMARAN, PRESIDENT.<br /> <br /> This complaint filed by the complainant for realization of cheque amount, compensation and costs.<br /> <br /> The averments in the complaint can be briefly summarized as follows:<br /> <br /> The complainant has got a savings bank account with Account No.5220 with the opp.party. On 30.1.2007 the complainant presented before the opp.party chequeNo.421092 dated 3.8.2006 of the Indian Overseas Bank, Kollam Branch for collection. Since the date on the cheque was 3.8.2006 and the validity of 6 months period was about to expire the complainant told the Manaager specifically to send the cheque for collection immmediately. Though the Manager assured that the same would be sent without any delay the same was sent for collected belatedly. Though the opp.party had 4 clear days for sending the cheque for collection, it was delayed due to the latches on the part of the opp.party. The said cheque was returned dishonoured on 6.2.2007. The complainant could not collect the money or the drawer to the cheque had an opportunity to say that he would have honoured the cheque if the same was came for collection which the time due to the fact that the cheque sent for collection belatedly. It is clear that there is deficiency on the part of the bank. The opp.party has willful delayed the cheque for sending for collection. Hence the complaint<br /> <br /> The opp.party filed a version contending that it is admitted that the complainant had SB Account No.5220 with the opp.party and that cheque No.421982 dated 3.8.2006 of Indian Overseas Bank, Kollam branch was presented for collection on 30.1.2007. The averments in para 2 and 3 are false and hence denied. The averments that the complainant instructed the opp.party to sent the cheque for collection immediately and the opp.party agreed for the same is false and hence denied. The cheque presentede by the complainant was sent for collection as per the rules of the Bank on 31.1.2007 to the service Branch, Kollam but the same was dishonoured and returned on the ground out dated on 6.2.2007 and the fact was intimated to the complainant. There is no delay or negligence on the side of the opp.party or its employee. The cheque happened to be returned out dated due to the negligence on the part of the complainant himself. The averment in part 4 and 5 are false and hence denied.. The complainant did not suffer any loss due to the act of the opp.party. The complainant can easily recover the amount due as per the cheque as per law. The complainant has no right to claim any relief against the opp.party. There is no unfair trade practice or deficiency in service on the part of the opp.party. Hence the opp.party prays to dismiss the complaint.<br /> <br /> Points that would arise for consideration are:<br /> 1. Whether there is deficiency in service on the part of the opp.parties<br /> 2. Reliefs and costs.<br /> <br /> For the complainant PW.1 is examined. Ext. P1 to P8 are marked.<br /> For the opp.party DW.1 is examined.<br /> <br /> Points:<br /> <br /> There is no dispute that Ext.P1 which is an out station cheque was presented to the opp.party for encashment on 30.1.2007. It is also not disputed that the above cheque was dishonoured and returned as out dated. The case of the complainant is that when he presented the cheque he has told the Manager of the opp.party that there is only four more days before the expiry of the period of the cheque and so the same may be sent for collection immediately which he agreed. But they did not do so and hence the cheque was dishonoured which is due to the negligence of the opp.party. The opp.party denied having given any assurance to the complainant. According to the opp.party the cheque was forwarded for collection on the next day itself as is the usual practice to the Service Bank through courier service. It is true that the opp.party have not produced any document to show that Ext.P1 was forwarded to Service <br /> Bank on the next day through courier. DW.1 has stated that in the case of out station cheque the transit period is 15 days and there is nothing to disbelieve that statement. As argued by the learned counsel for the opp.party it is not possible for the opp.party to verify each and every cheque received for collection as soon as it is presented. But all the cheques received for collection will be sorted out subsequently as out station cheques and local cheques and then sent for collection. As pointed out earlier Ext.P1 is an out station cheque and there were hardly 4 days available before its expiry date when it was presented for encashment.<br /> <br /> It is worth pointing out in this context Ext.P1 is a cash cheque. It has come in evidence that the complainant is residing very near to the drawee bank of Ext.P1. There is no reason as to why the complainant did not present it directly to the drawee bank rather than presenting it through the opp.party bank which situate far away at the fag end. No satisfactory explanation is forthcoming from the complainant for doing so. Every prudent man in such circumstances would present the same directly. In the absence of any explanation the argument of the opp.party that the same was presented through the opp.party bank with ulterior motives cannot be ignored..<br /> <br /> The complainant has no case that the transit period for collection of out station cheques is less than 15 days. There is also no material to show that the opp.party has given any assurance to the complainant that the cheque will be encashed before the expiry of its validity period. It is not a normal human conduct to present an out station cheque hardly 4 days before the expiry of the period of validity especially when the complainant resides very close to the drawee bank. On hearing both sides and on perusing the evidence we are of the view that no deficiency in service can be attributed to the opp.party in the circumstances of this case. Point found accordingly.<br /> <br /> In the result the complaint fails and same is dismissed. No costs.<br /> Dated this the 24th day of September, 2008 .<br /> .<br /> I N D E X<br /> <br /> List of witnesses for the complainant<br /> PW.1. –Abdul Rahim<br /> List of documents for the complainant<br /> P1. – Photocopy of cheque<br /> P2. – Dishonour slip<br /> P3. - Intimation memo<br /> P4. – Postal receipt<br /> P5. – Advocate notice<br /> P6. – Acknowledgement card<br /> P7. – Photocopy of counter foil<br /> P8. – Reply notice<br /> List of witnesses for the opp.party<br /> DW.1. – Venkita krishnan<br /> <br />