SYNDICATE BANK Vs. M. MOHNY
LAWS(KERCDRC)-2009-6-1
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on June 16,2009

SYNDICATE BANK Appellant
VERSUS
M. MOHNY Respondents

JUDGEMENT

K.R.UDAYABHANU, J. - (1.)THE appellant is the opposite party, Bank in OP. 57/05 in the file of CDRF Kollam. The opposite party is under order to pay Rs. 5,000 as compensation and Rs. 1,500 as costs with respect to its deficiency in service.
(2.)THE case to the complainant is that he is an account holder at the opposite party, Bank, Branch at Punalur. On 8.2.2004 he presented a cheque drawn on Federal Bank, Pathanapuram for Rs. 10,000. The cheque was found missing. In reply to the registered notice, it was informed that the cheque sent through Speed and Safe Courier Service could not be traced out.
(3.)IN the version filed the opposite party/appellant has admitted the receipt of the cheque for collection. It is mentioned that the cheque along with other several items vide collection reference No. O.C.C 129 dated 9.2.2004 was entrusted with Speed and Safe Courier Service, Punalur. The cheque was not returned by the State Bank of Travancore although it received the same. In response to the complaint filed before the General Manager, SBT Regional Office, Thiruvananthapuram, the SBT Pathanapuram Branch has informed that the cheque in question was not endorsed in the cover sent to them on 9.2.2004. According to them they will not be responsible if the instrument is lost in transit. The cheque has not been encashed by any body else.
The evidence adduced consisted of the testimony of PW1, Exts. P1 to P3; DW1, DW2 D1 to D9.



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