AMERICAN EXPRESS BANK LIMITED Vs. TEJINDER KAUR KOHLI

JUDGEMENT

(1.) THE short facts of the case in this appeal are that the complainant had taken a loan of Rs. five lakh from OP American Express Bank to be returned in 48 monthly instalments of Rs. 14,950 each. As a security of the loan 48 post -dated cheques were issued by the complainant in favour of OP Bank. When 25 instalments had already been paid, the complainant wanted to replace the remaining 23 cheques by issuing new cheques drawn on IDBI Bank, to which the OP Bank agreed. Though the OP were handed over 23 fresh cheques in place of the earlier cheques issued in favour of OP No. 1 drawn on the HDFC Bank, they did not return the old cheques. Instead they sent the cheques through OP No. 2 Blue Dart Courier Company which was received in a torn envelope and containing 12 cheques only along with an unsigned note addressed to the complainant which reads as below after translation:

(2.) THE complainant immediately filed a written complaint on 1.7.2006 on the same day when the envelope was received, at the Police Station, Rajouri Garden, New Delhi and thereafter two legal notices were also sent to the OP demanding, inter alia ,return of 11 cheques.

(3.) THE complainant, thereafter filed a complaint against both the OPs, namely the Bank and the Blue Dart Courier Service alleging deficiency in service, negligence and defamation on the part of the OPs and claimed compensation of Rs. 10 lakh and also costs of litigation.