(Against the order dated 07.07.2017 in complaint case no. 01 of 2011 passed by District Forum, Rohtas).

27.07.2017

                        Heard, Mr. Ved Prakash Srivastava the learned advocate for the appellant, Mr. Pritam Kumar advocate for respondent no. 1 & 2, Mr. Ajay Kumar advocate for the respondent no. 4 and Mr. Sanjay Kumar Bharti advocate for the respondent no. 5 are present. Respondent no. 3 absent.

            On account of non-payment of cheque amount total of Rs. 11,000/- in account of the complainant even though the said amount after clearance was received by the appellant. The District Forum directed for payment cheque amount along with compensation of Rs. 1,00,000/- within a period of one month failing which interest @ 10% shall be payable.

            Appellant submits that notwithstanding the non-payment of the cheque amount a compensation of Rs. 1,00,000/- is absolutely not sustainable in law in context to the stake of the complainant in the case. The learned counsel for the respondent no. 1 & 2 (complainant) submits that on account of non-payment of the complainant suffered from serious mental and physical agony in the forum as also outside the forum. Learned counsel for the respondent no. 4 submits that the cheque was issued which was withdrawn on Union Bank of India the same was sent to PNB for its clearance as such submits that there is no deficiency in service. Advocate for the respondent no. 5 (PNB) submits that after collection which proceeds with the cheque was remitted to the appellant (Gramin Bank).

            Considering the submissions of the parties the direction to pay the total cheque amount to the tune of Rs. 11,000/- cannot be faulted. However the direction to pay a compensation of Rs. 1,00,000/- in context to claim to the complainant is total unjustified and it cannot be sustained in law. Hence the direction to pay compensation of Rs. 1,00,000/- as such is set aside.

            However the bank for the respondent no. 1 and 2 submits that considering the serious mental agony of the complainant for a long period of about 10 years the awarding of compensation is justified. We are unable to except such submission.

            We accordingly direct the appellant to pay total the cheque amount of Rs. 11,000/- if not already paid the same be paid within a period of two months along with lump sum amount of Rs. 20,000/- which includes compensation, interest and litigation cost. The above total amount i.e 31,000/- be paid to the complainant jointly within a period of two months on receipt/production of the certify copy of the present order failing which interest @10% shall be payable till date of final payment.

            In the result, appeal stands partly allowed.

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 Member(F)                                                                                                    President  

           Agam