M. THANIKACHALAM J. - (1.) The complainant though obtained an order partially in his favour, not satisfied, has come to this commission seeking further redressal.
(2.) The complainant is a customer in the respondent bank, having account operated the same, admittedly. One Unjappan of Amaravathy Pudhur had drawn three cheques in his favour totaling a sum of Rs.3 lakhs, one cheque on 30.11.2003 and another two cheques on 30.5.2004 respectively, which were tendered for collection in the respondents bank on 28.1.2005. The respondent bank forwarded the cheques for collection to ICICI Bank, Amaravathy Pudhur, which were returned with an endorsement out of date. Therefore, the complainant accusing, as if, because of the deficiency in service on the part of the respondent bank, has approached the bank for return of amount which failed to yield any result outside the Forum, resulting a complaint as stated above.
(3.) The respondent/ opposite party opposed the above application, as if the cheques were tendered to its bank on 28.1.2005 at about 5.00 p.m, that immediately on the next day when the cheques were sent for collection, the drawer bank returned the same as out of date on 02.02.2005 and therefore there is no negligence or deficiency on the part of the respondent / bank, which act cannot be described as deficiency in service, warranting liability to pay compensation.;