BRANCH MANAGER ANDHRA BANK Vs. MUDIVARTHI RADHA KRISHNA

JUDGEMENT

(1.) THIS is an appeal preferred by the opposite party Andhra Bank against the order of the Dist. Forum directing it to pay Rs. 50,000/- with interest @ 9% p.a., from the date of complaint till the date of realization.

(2.) THE case of the complainant in brief is that he presented a cheque dt. 20.6.2007 for Rs. 50,000/- with the appellant bank on 17.12.2007 valid up to 20.12.2007. THE said cheque was returned on the ground that it was stale. It could not have been a stale cheque. THE appellant bank did not send the said cheque on the same day. On that he issued a legal notice for which a reply was given with false allegations. In order to get over its liability it was alleging that it has sent through messenger to Allahabad Bank, Hyderabad. Though he and his family members were having various accounts the appellant bank did not take any interest in sending the cheque as soon as it was presented. He had lost an opportunity to take action against one M. Kameshwari who had issued the cheque. THErefore he claimed Rs. 50,000/- covered under the cheque with interest @ 24% p.a., Rs. 50,000/- towards mental agony and costs.

(3.) THE Dist. Forum after considering the evidence placed on record opined that non-filing of cheque return memo bearing stamp and seal of the receiving bank proves that there was deficiency in service on the part of appellant bank in sending the cheque for collection belatedly, and therefore directed the bank to pay Rs. 50,000/- covered under the cheque with interest @ 9% p.a., from the date of complaint till the date of realization.