Factual backgrounds are that two cheques bearing No. 382936 and 382937 for Rs. 45,000/- each were presented by respondent with Punjab National Bank which were sent to Oriental Bank of Commerce for collection and remitting proceeds. Though cheque bearing No. 382937 was returned dishonoured for insufficiency of funds, cheque bearing No. 382936 was not returned to respondent. After enquiries were made by respondent he was informed that the cheque was lost in transit. Aggrieved respondent filed a consumer complaint with District Forum and since petitioner bank did not respond to the notices issued, proceeding went exparte against them with direction to petitioner bank to pay Rs. 45,000/- alongwith 8% interest. Compensation of Rs. 2,000/- and litigation cost of Rs. 300/- was also awarded by the District Forum. Appeal too filed by petitioner bank did not find favour with State Commission for belated filing of appeal.

2.                  Contentions are raised by petitioner bank that they were proceeded exparte before District Forum as summons which were issued were on wrong address. However we find that since cheque in question bearing No. 382936 is found to have been issued in 2000 and this being a stale matter, no relief could have been available to the respondent. Even if we remit the matter in view of respondent having presented stale cheque no relief would be available in this background also and in that view of the matter while setting aside order of the State Commission, we allow this revision with no order as to cost and dismiss the complaint. The deposits made by petitioner be refunded to them.