SIKHA SARKAR Vs. MANAGER UNITED BANK OF INDIA

JUDGEMENT

(1.) THE instant appeal is directed against an order dated 02.06.2011 passed by D.C.D.R.F., Murshidabad in Case No. CC/114/2009 allowing the complaint on contest against O.P. No. 1 and dismissed ex parte against O.P. No. 2 with consolidated litigation cost of Rs.500/ - to be paid by the O.P. No. 1 to the Complainant directing the O.P. No. 1 United Bank of India, Berhampore Branch to pay the amount of Rs.6,500/ - to the Complainant within six weeks from the date of the order, failing which an interest @ 8% per annum would carry upon the amount of Rs.6,500/ - from the date of filing of the case i.e. 06.08.2009 till the final payment.

(2.) BEING aggrieved by that order the Complainant filed the instant appeal on several grounds including that the Ld. Forum below did not consider the prayer for compensation of the Complainant.

(3.) THE case of the Complainant before the Ld. Forum below, in brief, is that she is the holder of an savings bank account being No. 479926 with the United Bank of India, Berhampore Branch, District - Murshidabad. The Complainant received a cheque being No. 904755 drawn on the O.P. No. 2 from the O.P. No. 2 amounting to Rs.6,500/ -. The Complainant deposited the cheque on 09.09.2008 with the O.P. No. 1 for the purpose of crediting the amount to her said S/B Account. But the cheque has not been encashed till date though the Complainant had been making repeated contact to the O.P. No. 1 from September, 2008 to August, 2009. Having no other way to know the fate of her cheque or to credit the said amount to her account the Complainant filed the complaint case before the Ld. Forum below praying for direction upon the O.Ps to encash the cheque and thus, to credit the amount to her account, to pay compensation of Rs.20,000/ - and to pay the litigation cost.