KARUR VYSYA BANK LIMITED Vs. SUNDAR HOSIERY EXPORTS

JUDGEMENT

(1.) THE complainant deposited two cheques with the opposite party for collection each for Rs. 35,000/ -. The amount was not collected and credited to the complainant s account. Therefore, the complainant wrote to the opposite party. As there was no response, the complainant issued a notice through the Consumer Council. As it had no effect, the complainant sent another notice. The complainant is running a small unit. Therefore, the non -collection and crediting of the amount has seriously affected his business. Hence the complaint.

(2.) THE opposite party contended that on 13.1.1997 a cheque for Rs. 35,000/ - has been deposited by the complainant with the opposite party and another cheque for a sum of Rs. 35,000/ - on 20.1.1997. The cheques were transmitted to New Delhi for collection through Karur Vysya Bank, Tirupur and from there to New Delhi Branch for realization from Bank of Maharashtra. The cheques were returned back to the opposite party Bank on 3.2.1997. The complainant after taking them back from the custody of the Bank, once again represented the same on 4.2.1997 and at the instance of the complainant the cheques were again sent for realization through the Karur Vysya Bank, New Delhi Branch. The cheques once again bounced. The cheques were returned to the opposite party from their New Delhi Branch and were handed over to the complainant. The complainant was thus aware that the cheques were not realized for want of funds. The cheques were returned on 17.3.1997 under certificate of postings with a covering letter. There is no deficiency in service. The opposite party is not liable in any manner to the complainant.

(3.) THE lower Forum accepted the complaint and directed the opposite party to pay a sum of Rs. 20,000/ - as compensation for mental agony and monetary loss and also a sum of Rs. 1,000/ - as cost of the proceedings.