By Smt. Saji Mathew, Member:-
The gist of the case is as follows:-
The Complainant is an account holder of Opposite Party's bank by account No.187. The Complainant entrusted a cheque No.10008095 dated 22.12.2008 drawn on Federal Bank, Statue Branch, Thiruvananthapuram for an amount of Rs.6,425/- for collection on 04.06.2009. The Opposite Party issued acknowledgment for the same. The Complainant did not get the cheque encashed and the Opposite Party did not give any reliable information about the fate of the cheque. Since the validity of the cheque might have been elapsed on 06.08.2008, the Complainant sent a lawyer notice to the Opposite Party requesting them to inform him about the cheque. The Opposite Party did not send reply. 2. The Complainant sustained loss of Rs.6,425/- which he was entitled to get from the Kerala Chit Funds. There is deficiency in service on the part of the Opposite Party. Hence the Complainant prays for an order directing the Opposite Party to give the cheque amount of Rs.6,425/- with 12% interest per annum from the date of presentation ie 04.06.2009 and a compensation of Rs.10,000/-
3. The Opposite Party appeared and filed their version. They admit that the Complainant had entrusted a cheque drawn on him by the Kerala Chit Funds for an amount of Rs.6,425/- dated 22.12.2008 for collection through his account. The cheque was processed in due course and sent for collection to the drawee bank. The said cheque was dishonoured and returned to the Opposite Party with a memo stating that the cheque was returned on account of the 'insufficiency of funds' in the credit of the drawer of the cheque. The memo was received by the bank on 13.8.2009. The Complainant had not turned up to the bank after presenting the cheque. He had not made any enquiry about cheque. The bank asked through one of its officials who is familiar with the wife of the Complainant to come over to the bank and to collect the dishnoured cheque. Instead of contacting with the bank, the Complainant has caused a lawyer notice to the bank. The Complainant is bound to come over to the bank and collect the amount. If the Complainant had acted with due diligence and contacted the bank in time, he would have been able to proceed against the drawer of the cheque. So, there is no deficiency in service on the part of the Opposite Party. So, the Opposite Party prays for an order dismissing the complaint.
4. The Complainant filed proof affidavit and documents were marked as Exts.A1 and A2. Even though the Opposite Party has filed version, they have not adduced any evidence. 5. The matters to be decided are:- Whether there is any deficiency in service on the part of the Opposite Party? Whether the Complainant is entitled for any relief.
6. Point No.1:- In the version filed by the Opposite Party, they state that they informed the matter through one of their employees to the Complainant. It is not a proper way of giving information about a dishnoured cheque. The bank has not cared to reply the lawyer notice send by the Complainant. They have not filed any proof affidavit and have not adduced any evidence. So, the specific case of the Complainant that the bank has not given any explanation about the cheque presented for collection stands unrebutted. Hence the point No.1 is found against the Opposite Party.
7. Point No.2:- The cheque dated 22.12.2008 is presented for collection only on 04.06.2009, ie few days before elapsing the validity of the cheque. So, there is contributory negligence on the part of the Complainant. So, the Complainant is not entitled to get the cheque amount. Instead he is entitled for a less compensation.
Hence, the Opposite Party is directed to pay a compensation of Rs.2,000/- (Rupees Two thousand only) to the Complainant within 30 days of this order. The Opposite Party is also directed to pay an interest at the rate of 10% per annum on the ordered amount from the date of this order till payment.
Pronounced in open Forum on this the day of 30th January 2010.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
A P P E N D I X Witnesses for the Complainant: Nil. Witnesses for the Opposite Parties: Nil Exhibits for the Complainant: A1. Acknowledgment card. A2. Lawyer Notice. Exhibits for the Opposite Parties:
Nil. | 
