- (1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986, is directed against the order dated 21.8.2006 in Complaint No. 166/2006 by District Consumer Disputes Redressal Forum, Raipur (herein called "District Forum" for short) whereby the complaint was allowed and the O.P. was directed to pay compensation of Rs. 5,000 together with cost of Rs. 500.
(2.) BRIEF facts necessary for the disposal of this appeal are that the complainant is an account holder of O.P./appellant bank having account No. 10167193768. It was averred in the complaint that the complainant had issued two cheques on 7.1.2006 (Cheque No. 099145 for Rs. 2,842 and Cheque No. 099146 for Rs. 1,000) in favour of Arun Agrawal. It was further averred in the complaint that the said cheques were presented by Arun Agrawal for collection to United Western Bank, Raipur on 10.1.2006. The said cheques were dishonoured. It was averred in the complaint that the cheques were dishonoured despite there being sufficient funds in the account of the complainant on the relevant date.
(3.) IN the written version, the O.P. bank had averred that cheques in question were presented for collection on 10.1.2006 which was Tuesday and on Tuesday the relevant branch of the bank remains closed. It was further averred that the cheque return memo contains a seal which disclosed Bank closed today. Please present again . It was further pleaded by way of additional pleading that the cheque was not returned for insufficient funds. Hence, there was no deficiency in service on part of the O.P. It was prayed that the complaint be dismissed. Learned District Forum came to the conclusion that though there was sufficient balance in the account of the complainant still the cheques were returned with a memo wherein it was mentioned that cheques could not be cleared due to insufficient funds . This act of the O.P. bank rendered itself liable for deficiency in service and as a result thereof, the account holder had to feel embarrassment due to such dishonouring of cheques. Hence, learned District Forum awarded compensation.;