- (1.) THIS appeal has been preferred by complainant of complaint case No. 431 /07, decided by District Consumer Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short) vide order dated 13.8.2008 and the respondent was directed to pay Rs. 2,000 by way of compensation for mental harassment and Rs.1,000 by way of cost of litigation, to the complainant. The complainant felt dissatisfied by the impugned order and prayed that entire amount of cheque be awarded against the Bank.
(2.) BRIEFLY stated facts of the case are that the complainant appellant is having an account with the respondent Bank. An account payee cheque by one Shrey a Motors, Kawardha, of Rs. 19,800 was issued in favour of the complainant, which was presented by the appellant/complainant before respondent Bank for collection and for depositing the amount in his Bank Account. The Bank failed to deposit the amount of cheque in Bank Account of the complainant about a year. Then complaint was filed before the District Forum. The Bank in the written version has accepted the fact of deposit of cheque with the Bank for clearance and averred that the cheque was sent to State Bank of India, Kawardha for clearance but had not been returned to the respondent Bank. Thereafter many letters were written to the issuing Bank, then complainant was also informed that the cheque could not be cleared and might have been misplaced in transit, which was sent through Blue Sky Courier Cervice but had not reached to State Bank of India, Kawardha. Complainant was requested to obtain a fresh cheque from the party, in spite of such letter, complaint was filed.
(3.) LEARNED District Forum after appreciating material placed by both parties observed that the complainant could obtain a fresh cheque from Shreya Motors, so the cheque amount was not awarded and compensation for deficiency in service has been awarded. Learned Counsel for the appellant submitted that the respondent Bank had never informed that the cheque was sent by some Courier Service and had not reached to the issuing Bank. He submitted that in the circumstances, it is not possible to obtain a fresh cheque from the issuing party. It has been argued that appellant / complainant has been deprived of the amount of cheque because of deficiency in service committed by the respondent Bank and so, full amount of the cheque should have been awarded by the District Forum.;