AJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The complainant Shri Ajay Kumar has filed this appeal against order dated 16.3.2004 passed by the District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh [for short hereinafter referred to as the District Forum] in Complaint Case No.1030 of 2002 filed against Union Bank of India through its Branch Manager, Sector 21-C, Chandigarh vide which the complaint was dismissed with costs of Rs.1,000/- to be paid by the complainant to the Free Legal Aid Fund maintained by the Chandigarh UT State Legal Services Authority.

(2.) A cheque bearing No.0265588 dated 7.5.2000 for a sum of Rs.50,000/- drawn on the Punjab State Cooperative Bank Ltd. , Chandigarh was delivered to the respondent-Union Bank of India, Chandigarh for collection and credit in the complainant's Saving Bank Account No.15655, which was being maintained by the complainant with respondent-Union Bank of India (for short hereinafter referred to as the Bank ). The appellant/complainant obtained statement of his savings bank account, which was issued on 6.7.2002 and it shows that a sum of Rs.15/- was debited in the saving bank account aforesaid on account of the cheque referred to above being returned. The complainant alleged that the cheque was not delivered back to him by the respondent Bank, which amounted to deficiency in service. Based on these allegations, the complainant filed the complaint and sought issuance of direction to the respondent Bank to pay the amount of the cheque i. e. , Rs.50,000/- to him and further sum of Rs.30,000/- as compensation on account of harassment and loss and further to pay interest @ 18% per annum on the said amount from 6.7.2002 till actual date of realization of the amount to the complainant. The complainant also claimed costs of litigation, which he assessed at Rs.11,000/-.

(3.) The respondent /o. P. Bank appeared and filed written statement. The main contention raised by the respondent Bank was that the cheque deposited by the appellant/complainant with the respondent Bank for collection was dishonoured by the drawee Bank namely Punjab State Cooperative Bank Ltd. , Chandigarh and it was returned to the O. P. Bank on 6.7.2002. The O. P. Bank sent the said cheque to the appellant/complainant through courier M/s. Rossel Air Services, Sector 22-A, Chandigarh vide respondent Bank extract of postage register (R-1 ). It was alleged that when the complainant made inquiries about the said cheque from the respondent Bank, which enquired about the delivery of the letter containing the dishonored cheque from the said courier, the said courier vide letter dated 6.3.2003 informed that the dishonoured cheque had been delivered to the complainant on 18.7.2002 and it was duly acknowledged. A copy of the delivery manifest maintained by the said courier agency was placed on record as Annexure R-2 showing that the envelop containing the dishonored cheque was received by the complainant and he had put his signatures at entry No.5279 in the delivery manifest (R-2 ). The parties led evidence both in the shape of affidavits and documents.