INDERJEET AJMANI Vs. BRANCH MANAGER

JUDGEMENT

(1.) Aggrieved by order dated 31.12.2010, passed by State Consumer Disputes Redressal Commission, Raipur(for short, 'State Commission') petitioner has filed this petition.

(2.) Brief facts are that petitioner/complainant is having saving account No. 3012669 with the respondent/OP Bank. It is alleged that petitioner deposited one cheque for Rs. 40,000/- in this account. When the cheque amount was not credited to his saving account, he contacted the respondent and enquired about the cheque. Respondent assured him that cheque will be cleared in a day but when for 20 days the cheque was not cleared, then respondent told him that cheque deposited by him has been misplaced. On 28.11.2008, petitioner submitted an application to the respondent regarding the cheque. Respondent intimated him that in the cheque date was not mentioned, therefore cheque has been returned to the petitioner. Petitioner received the letter on 28.11.2008 which was sent by the respondent but he has never received the cheque sent by the respondent on 7.11.2008. Thus, respondent has misplaced the cheque and therefore, petitioner has not received the amount of Rs. 40,000/- and has suffered financial and mental loss. Accordingly, petitioner filed complaint against the respondent and has claimed the cheque amount of Rs.40,000/-, Rs. 5,000/- for mental harassment and Rs.2,000/- as cost.

(3.) Respondent in its reply has stated that petitioner has not written the date in the cheque. Therefore, according to rules of the respondent bank, entry was made in the register and cheque was sent back to petitioner since date was not mentioned in the cheque. Respondent has not committed any deficiency in service. Respondent has also sent letter by dispatch No. 34, 35 by post and information was given to the petitioner on 28.11.2008.