HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION PANCHKULA Vs. KRISHAN DUTT SON OF SHRI ROSHAL LAL

JUDGEMENT

(1.) SHRI Krishan Dutt, the complainant sold his agricultural land to Manohar Lal. Manohar Lal gave him a cheque dated 12.9.2006 drawn on HDFC Bank Limited for Rs.2,40,000/- as earnest money. The complainant deposited the said cheque with the Oriental Bank of Commerce, petitioner/opposite party on 15.9.2006 as Krishan Dutt is petitioner's account holder. On 18.9.2006, the petitioner sent the above said cheque to HDFC Bank Limited, Karnal through clearing but the said cheque was returned by HDFC Bank Limited, Karnal stating that the said cheque was payable at Mumbai. The petitioner-Oriental Bank of Commerce sent the above said cheque by registered post to Senior Service Branch at Mumbai for being presented to HDFC Bank Limited, Mumbai. However, the said cheque was not delivered by postal authorities to the addressee, the Senior Service Branch of the petitioner at Mumbai.

(2.) ON 10.10.2006, Shri Krishan Dutt, the payee of the cheque informed that the said cheque amount was debited in the account of the drawer of the cheque. On 13.10.2006, on enquiry, Senior Service Branch at Mumbai denied having received the cheque. Senior Superintendent of Post Office Karnal informed the petitioner, Bank that the said registered letter was delivered on 25.9.2006. A copy of the cheque was also received by the petitioner and on examination of the same, the petitioner found that the stamp of Oriental Bank of Commerce, which was put while sending the cheque to their Senior Service branch at Mumbai, was obliterated and a new cheque in someone else name was prepared and got collected.

(3.) THE complainant filed a complaint with the District Forum. The cheque amount was paid on 10.10.2006 from drawer's account to a person other than the complainant.