BASANT KUMAR AGARWAL Vs. SYNDICATE BANK

JUDGEMENT

(1.) THE present Appeal has been directed against the judgment and order date 27.5.2010 passed by the learned District Forum at Siliguri in Consumer Case No. 29/S/2009 wherein the learned District Forum allowed the petition of complaint on contest in part with cost of Rs. 2,000 thereby directing the OP/Bank to issue non -drawal certificate for the amount of Rs. 40,514 in respect of Cheque No. 542232 dated 8.6.2007 issued by M/s. Jay Honuman Enterprises in favour of the complainant together with compensation to the tune of Rs. 10,000.

(2.) THE Complainant/Appellant's case before the learned District Forum, in brief, was that the complainant received a cheque in his favour issued by M/ s. Joy Hanuman Enterprises for an amount of Rs. 40,514 and on receipt of the same the complainant in due course of time deposited the same with the OP/Bank for encashment on 9.6.2007 thereby crediting the account of the complainant with the OP/Bank. Subsequently on checking when the complainant found that the amount was not credited to his account he wrote a letter on 9.8.2008 to the concerned bank for crediting his account for the said amount or in the alternative, to return the cheque. The Bank replied to the same on 11.9.2008 thereby intimating the complainant that the account of the complainant could not be credited after encashing the cheque as statutory period of six months had already elapsed with a request for issuance of another cheque from the concerned party for proper encashment. The complainant being aggrieved with such activities on the part of the OP/Bank instituted the consumer complaint after issuance of the legal notice.

(3.) THE OP/Bank contested the case by filing written version thereby denying all the material averments mentioned in the petition of complaint contending inter alia that the complainant never deposited any such cheque as claimed by him with the bank for encashment and crediting his account. According to the OP/Bank, as the cheque in question could not be traced out or found the Bank has already requested the complainant for obtaining afresh cheque from the concerned party for encashing and crediting his account in due course of time. There was no deficiency at the instance of the OP and as such the complaint case was liable to be dismissed with cost.