CENTRAL BANK OF INDIA Vs. RAJESH NANDLAL MARU

JUDGEMENT

(1.) THIS appeal arises from order dated 9th February, 2004 rendered by the learned Jamnagar District Consumer Disputes Redressal Forum in Complaint Application No. 128/2002 directing the original opponent No. 1 Bank (appellant herein) to pay to the complainant Rs. 15,000/ - with interest @ 6% p.a. from the date of complaint till payment and cost quantified at Rs. 1,000/ -. The learned Forum dismissed the complaint against the courier service (original opponent No. 2).

(2.) WE have heard the learned Advocates for the parties. We have gone through the impugned order.

(3.) IT would appear that the complainant had with him cheque for Rs. 15,000/ - of Plan -V -1 Unit of his investment in Suman Motels Limited and the due date was 6.8.2001. The cheque was drawn on The United Western Bank Limited at Mumbai and it was a crossed A/c Payee cheque. The complainant deposited the cheque with the opponent No. 1 Bank on 6.8.2002 for collection thereof from the concerned Bank at Mumbai. It was the complainant s case that the cheque was dishonoured on account of insufficient funds and the first opponent Bank informed him that when the cheque would be received back from the drawee Bank it would be returned to the complainant. On inquiry after ten days the complainant came to be informed that the cheque was sent through the opponent No. 2 Origin Courier Service and he would receive it within 2 -3 days. In spite of repeated visits to the opponent No. 1 Bank as the cheuqe was not handed over to the complainant and satisfactory reply was also not given to him and as ultimately letter dated 30th September, 2002 was written to the complainant sending therewith copy of letter dated 28.9.2002 which was addressed to the opponent No. 2 Courier Services, complainant made grievance that there was deprivation of taking appropriate action against the drawer of the cheque M/s. Suman Motels Pvt. Ltd. and that he sustained loss of Rs. 15,000/ -. Complainant, therefore, prayed for relief to the value of the cheque with interest @ 18% p.a. and compensation and cost respectively in the sum of Rs. 5,000/ - and Rs. 2,500/ - from the opponents.