ORDER  

27.02.2018

S.K. SINHA, PRESIDENT.

                   The impugned order directs the respondent (Bank) to pay a sum of Rs. 10,000/- for undue harassment and litigation cost. The appellant (complainant) filed the appeal for enhancement of the amount awarded by the District Forum.

The complainant alleged to the effect that the bank opened fixed deposit account for Rs. 16,00,000/- but subsequently closed the same without giving any interest. As such filed the complaint. The bank denied the claim on the ground that taking into consideration complainant was a valuable customer Fixed Deposit Account in question was opened for Rs. 16,00,000/- against the cheque issued by the complainant however it was found the one of the signatory of cheque has not signed as such complainant took back the cheque for producing the same after signature. So as to debit the amount of Rs. 16,00,000/- from the current account of the complainant trust further stand is that the complainant neither deposited back the cheque for debit no deposited money as such fixed deposit account was in question was closed.

      The District Forum upon considering the case of the parties even though found that complainant did not deposit back the cheque or informed the bank although making the transaction in the current account on several occasion after the date 07.09.2011 when the cheque was issued and never informed the bank. District Forum found that since the fixed deposit account for Rs. 16,00,000/- was opened but no money of the complainant could be debited for want of cheque as such no interest was entitled to be paid. The Forum however held negligence in opening fixed deposit account without fund as such awarded the sum of Rs. 10,000/- to paid to the complainant for such negligence.

We have considered the case of the parties it does not stand to reason that in case the complainant did not make available the cheque for debit of the current account for fixed deposit account how bank could be saddled as a compensation to be paid to the complainant. No one can take advantage his own inaction. We are unable to sustain the order under appeal. Since it appears that the bank has not filed the appeal against the impugned order we are unable to set aside the direction to pay a compensation. The appeal for enhancing the compensation is devoid of any merit.

The appeal stands dismissed.

  Upendra Jha                                                                  S.K. Sinha

   Member(M)                                                                            President

        Agam.