Present         (1)    Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Sri Sheo Shankar Prasad Singh,

                              Member

Date of Order : 10.06.2015

                    Sri Sheo Shankar Prasad Singh

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To pay Rs. 1,86,028/- ( One Lac Eighty Six Thousand twenty Eight only ) being the amount for preparation of draft
2. Interest from Sep. 2005 till realization @ 16% per annum.
3. Damage for mental agony and physical harassment of the complainant Rs. 20,000/- ( Twenty Thousand only ).
4. Proceeding cost of Rs. 5,000/- ( Five Thousand only ) to be paid by the Opposite Parties to the complainant.

2. Brief facts of the case which led to the filing of complaint are as follows:-

1. A Bank draft bearing Draft No. 784757/05/000015 issued by the State Bank of India, Buxar Barnch in favour of the complainant to be payable at S.B.I. Jehanabad Barnch has been deposited by the complainant in Allahabad Bank Beur Extension Counter on 15.09.2005 to deposit in account no. 100462. ( Vide Annexure – 1 and 2 )
2. It is stated that the complainant have approached the opposite parties several times to the authorities concerned but no response has been taken by the authorities concerned.
3. The complainant gave an application to the authorities concerned on 16.06.2006 requesting therein to redress grievance of the complainant which was also received on same day. ( Vide Annexure – 3 )
4. It is stated that the complainant is in need of money for marriage of his daughter and to develop the academic qualifications of children but due to inaction of respondent authorities he is facing a lot of problem. The total claim of the complainant in the present complaint is less than 2,50,000/-.

3. The Opposite Party No. 3 in his written statement has stated the following facts in opposition to the submission of the complainant :-

1. The present complaint is neither maintainable in law nor on facts.
2. The complaint is also bad for non – joinder of a S.B.I. Jehanabad which is a necessary party in this case.
3. The opposite party no. 3 on receipt of the D.D. in question on the request of complainant sent the same to Jehanabad Branch of State Bank of India on 17.09.2005 itself but neither the proceeds of the D.D. was received nor the original D.D. has been received back till date despite reminders dated 01.07.2006 and 11.08.2006 as also telephonic request made by the opposite party no. 3.
4. From the records of the Bank it appears that the opposite party had collected many D.Ds. in the past of the complainant.
5. The bank had discharged its duty as collecting banker by sending the D.D. soon after deposit of the same by the complainant and as such unless the proceed is received the opposite party no. 3 is not liable to pay the same to the complainant.
6. There is thus no deficiency of service on the part of the opposite party in this case.
7. This opposite party is ready to give certificate of non – receipt of proceeds of the D.D. in question from the S.B.I. Jehanabad so that the complainant can take steps for issue of duplicate D.D. if he so likes.

4. The Opposite Party No. 4 in his written statement has stated the following facts in opposition to the submission of the complainant :-

1. The present complaint as framed by the petitioner against the opposite party no. 4 is not maintainable either in facts or law before this learned forum.
2. The complainant of this case has no valid cause of action for the case against the opposite party no. 4.
3. A Bank Draft bearing No. 784757/05/000015 has been issued by the State Bank of India, B.O. – Buxar in favour of the complainant which was payable at State Bank of India, Jehanabad. But it is necessary to mention that the demand draft is payable at another branch of State Bank of India, Jehanabad and branch code of which is 3469, Which is situated in the state of Uttar Pradesh.
4. The branch code of the opposite party’s branch is 0100 and it is situated at Jehanabad district of the State of Bihar and the aforesaid demand draft is not concerned with opposite party’s branch.
5. The opposite party no. 4 has never received the aforesaid demand draft.
6. There is no deficiency in service on the part of the opposite party no. 4.

5. The Opposite Party No. 6 in his written statement has stated the following facts in opposition to the submission of the complainant :-

1. The present complaint as framed against the opposite party no. 6 is not maintainable either in facts or law before this learned forum.
2. The complainant of this case has no valid cause of action for the case against the opposite party no. 6.
3. It is stated that on 13.05.2005 the complainant requested to opposite party no. 6 to issue D.D. of Rs. 1,86,028/- which is payable at S.B.I., Jehanabad. The complainant filed the requisition slip properly as directed by the opposite party no. 6. The draft was handed over to the complainant.
4. It is further stated that the complainant deposited the draft on 15.09.2005 at Allahabad Bank, Beur Extension Counter which was not in knowledge of the opposite party no. 6.
5. It is further stated that the draft was not produced before the payable branch for clearance, if the draft was produced within the period of clearance it would have been cleared.
6. There is no deficiency in service on the part of the opposite party no. 6.

During the course of hearing the learned counsel for the complainant through a petition has informed this forum that he has been paid the amount through demand Draft on 20.09.2011 and hence his prayer is now confined to interest which would have occurred in the aforesaid amount if the same would have been paid in time and also compensation and litigation costs.

We are gone through the entire record and heard the parties at length.

From the facts which have been brought to our notice we have come to a definite conclusion that it is the fault of opposite party no. 6 which have resulted in non payment of draft amount to the complainant. The complainant requested the opposite party no. 6 to prepare the draft in question to be payable at S.B.I. Jehanabad ( In Bihar ) but the staff responsible for preparing draft in question has wrongly mentioned the Bank code of S.B.I. Jehanabad which is situated in the state of Uttar Pradesh ( Branch code of Jehanabad, U.P. is 3469 ) where as Branch code of S.B.I., Jehanabad in Bihar is 0100.

Accordingly, we direct the Opposite Party no. 6 to pay an interest @ 6% per annum on the amount of Rs. 1,86,028/- ( One Lac Eighty Six Thousand twenty Eight only ) deposited by the complainant for preparing the draft, from 13.05.2009 to 08.09.2011, ( date on which request for preparing draft was made and date on which amount was paid to the complainant by Draft ) to the complainant within a period of two months from the date of receipt of this order failing which the interest rate will be 9% ( nine ) per annum till its final payment.

Aforesaid opposite party no. 6 is further directed to pay Rs. 5,000.00/- ( Five Thousand only ) as composite charge of compensation and litigation cost to the complainant within the aforesaid period of two months.

Accordingly, this case stand allowed to the extent indicated above.

                                          Member                                                          President