BANK OF BARODA Vs. SHATRUHAN LAL

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 21.10.1995 passed by District Consumer Forum, Bahraich in the Complaint Case No.410 of 1994.

(2.) The facts of the case stated in brief are that the complainant who is a retired Government Employee, received a cheque of Rs.5,907/- dated 8.2.1994 which was sent to the banker, opposite party, for clearance on 18.3.1994. When amount of the cheque was not paid, the opposite party Bank's Manager gave a letter to him addressed to the Bank Manager at Lucknow. The complainant went to Lucknow alongwith the letter but nothing could be traced out. Thereupon at the request of the complainant the Bank wrote a letter dated 7.9.1994 to the department concerned from where the complainant has retired for issue of another cheque. The department told him that unless the non-payment certificate is issued, no second cheque can be issued. After a long try by the complainant the Bank did not issue an objection latter. Therefore, the complainant filed the present complaint praying for the recovery of the amount of the cheque and expenses etc.

(3.) A notice was sent to the opposite party and in reply the Bank, Bank of Baroda, Bahraich, in their written reply alleged that the cheque was sent to State Bank of India, which has been lost in transit. The opposite party is not responsible for the loss of the cheque.