HDFC BANK LIMITED Vs. ARVIND KUMAR GAUTAM

JUDGEMENT

(1.) This is an appeal under Sec. 15 of the Consumer Protection Act, 1986 against the order dated 20.08.2014 passed by the District Forum, Haridwar in consumer complaint No. 305 of 2013. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellant - opposite party to pay compensation of Rs. 3,00,000/ - to the respondent - complainant within a period of one month from the date of the order. The District Forum has further directed the appellant - opposite party to deposit a sum of Rs. 5,00,000/ - with the District Forum. The District Forum has, however, observed that in case the appellant - opposite party wishes, it can recover the award amount from the courier company. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that Sh. Jagdish Prasad Saini S/o late Sh. Baljeet Saini, R/o Village Karondi, Post Bhagwanpur, District Haridwar, had borrowed sum of Rs. 2,00,000/ - from the complainant, which he had refunded to the complainant vide cheque No. 859938 dated 31.01.2012 amounting to Rs. 2,00,000/ - drawn on Punjab National Bank, Navyug Market, Ghaziabad. The complainant had deposited the said cheque with the opposite party - HDFC Bank Limited, 131/8, Civil Lines, Haridwar Road, Roorkee in his Account No. 06571000016769 for encashment of the same. The entry of the said cheque was made in the passbook of the complainant on 05.05.2012. However, the said cheque was dishonoured on 07.05.2012 and a sum of Rs. 100/ - was deducted by the bank from the account of the complainant on account of dishonour of the cheque and the cheque in question was sent to the complainant by the bank through courier. It was alleged that the said cheque was misplaced by the courier during transit. On receipt of the intimation regarding misplacement of the cheque by the courier, the complainant issued a notice dated 12.07.2012 to the drawer - Sh. Jagdish Prasad Saini, thereby demanding a sum of Rs. 2,00,000/ - from him, but the said notice was received back with an endorsement that the addressee is not available at his house since last few months. It was further alleged by the complainant that the amount of the cheque has not been received by him as yet and the cheque was lost in transit on account of negligence of the bank and the courier company. Thereafter, alleging deficiency in service on the part of the bank, the complainant filed a consumer complaint before the District Forum, Haridwar.

(2.) The bank filed written statement before the District Forum and pleaded that the cheque was sent to the complainant through Trackon Couriers Pvt. Ltd.; that the cheque was dishonoured on account of insufficient funds; that the complainant has issued a notice dated 12.07.2012 to Sh. Jagdish Prasad Saini under Sec. 138 of the Negotiable Instruments Act, 1881; that the complainant has also filed a complaint against the drawer of the cheque - Sh. Jagdish Prasad Saini and that there is no deficiency in service on their part.

(3.) The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 20.08.2014 in the above terms. Aggrieved by the said order, the bank has filed the present appeal.