(1.) THIS appeal is directed against the order dated 8.4.2010 of District Consumer Disputes Redressal Forum, Durg (hereinafter called as "District Forum" for short), in Complaint Case No. 120/2009, where by the complaint of the appellant herein, in respect of allegations of deficiency in service committed by the respondent Bank and claim of compensation, has been dismissed.
(2.) BRIEFLY stated, the facts of the case are that appellant is having a Saving Bank Account with the respondent Bank. A cheque dated 30.6.2008 was deposited in that account on 27.12.2008, but that cheque was returned by the respondent Bank saying that the period of validity of cheque, has already expired. It has been contended that the cheque was valid upto 30.12.2008 and the respondent Bank has committed deficiency in service in returning the cheque back without putting it in the clearance. Compensation of Rs.50,000 has been demanded apart from the amount of cheque.
(3.) THE respondent/Bank in its written version refuted the allegation of the complainant and averred that no cheque was presented by the complainant on 27.12.2008 before the respondent/Bank. The printed form of the deposit slip, copy of which has been produced by the complainant, is available in the bank counter to everyone and using that deposit slip false claim was made that the cheque was presented and had been returned back by the Bank with endorsement of 'cheque is out of date'. No such endorsement was ever made by the respondent Bank on any deposit slip. It is a forged document. It has been stated in the written version that no deficiency in service, has been committed by the respondent Bank.