SURYA AGRO INDUSTRIES Vs. ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 29.07.2013 passed by Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, 'the State Commission') in Appeal No. 234 of 2009 Oriental Bank of Commerce Vs. M/s. Surya Agro Industries by which, while allowing appeal, order of District Forum allowing complaint was partly modified.

(2.) Brief facts of the case are that complainant/petitioner deposited cheque No. 820757 dated 15.1.2007 worth Rs.1,50,000/- with OP/respondent for collection on 3.7.2007. Cheque was valid upto 14.7.2007. OP informed complainant on 31.7.2007 about dishonour of the cheque. On an enquiry, the complainant came to know that the cheque was sent for collection of the amount through registered post on 18.7.2007 and complainant's account was also debited by a sum of Rs.545/- on account of dishonour of cheque. Complainant suffered loss of Rs.1,50,000/- due to late presentation of cheque for collection. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that complainant himself was negligent in retaining the cheque for a long period and presenting the same at last moment. It was further submitted that cheque in question could not have been encashed as there was no sufficient balance in the account of M/s. Shammi Agro Industries who issued cheque and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.1,50,000/- to the complainant with interest @ 9% p.a. and further awarded Rs.1,000/- as cost. Appeal filed by the OP was partly allowed by learned State Commission vide impugned order and directed OP to pay Rs.50,000/- as compensation in lumpsum and Rs.10,000/-as litigation expenses against which this revision petition has been filed by the petitioner for enhancement of compensation.

(3.) Heard learned Counsel for the petitioner and perused record.