INDIAN OVERSEAS BANK Vs. JAGABANDHU GHOSH

JUDGEMENT

(1.) THE present Appeal has been directed against the judgment and order dated 7.2.2006 passed by learned District Forum, Malda, in Malda D.F. Original Case No. 60/2005 wherein the learned District Forum allowed the petition of complaint on contest against the OPs/Bank with a direction upon the OPs to pay a sum of Rs. 3,65,000 to the complainant with 10% interest upon the aforesaid sum from the date of withdrawal till payment together with a direction upon the OPs to pay Rs. 1,000 to he complainant towards mental agony.

(2.) THE case of the complainant/respondent (Jagabandhu Ghosh), in brief, was that the complainant being a bona fide customer and account holder with the OPs/Bank at Malda Branch, received three cheque books from the OPs/Bank. It was the specific case of the complainant that 10 numbers of signed cheques were lost from the custody of the complainant being numbered 061366 to 061375. The fact of missing of the aforesaid cheques was duly informed to the OPs / Bank and besides that the complainant also lodged a General Diary with the English Bazar P.S. at Malda on 14.6.2003. While informing the OPs/Bank about the missing of the cheques the complainant requested the OPs/Bank to stop payment against those lost cheques. It was the further case of the complainant that upon receiving the said information the OPs/Bank issued new cheque book in favour of the complainant. On 1.9.2004 it came to the knowledge of the complainant that by utilizing one of the aforesaid lost cheque books a sum of Rs. 3,65,000 has been withdrawn from the account of the complainant by one Sajal Das. Immediately thereafter the complainant had been to the OPs/Bank and enquired about the aforesaid withdrawal of amount and asked the OPs/Bank to compensate the complainant by depositing the aforesaid encashed amount of Rs. 3,65,000. The request of the complainant was not complied with by the OPs / Bank and, hence, the petition of complaint was filed.

(3.) THE OPs/Bank contested the complaint case by filing written version thereby denying all the material averments contained in the petition of complaint contending inter alia that the complainant applied for issuance of the cheque book on the ground of missing of some cheques and in pursuance to that application new cheque book bearing numbers 518126 to 518150 was issued in favour of the complainant. But as the Bank is under obligation to honour a cheque issued in favour of the complainant, which was issued after observing all the formalities as per banking rules, there was no deficiency in service or any wrongful act on the part of the OPs/Bank to honour the cheque for a sum of Rs. 3,65,000 alleged to be one of the missing cheques of the complainant. According to the OPs, the petition of complaint was not maintainable being full of concocted stories and acco -dingly the same was liable to be dismissed.