BRANCH MANAGER, CANARA BANK, BANJARA HILLS BRANCH, BANJARA HILLS Vs. L.K.NEENA RANI

JUDGEMENT

(1.) This is an appeal filed by the opposite party against which the District Forum imposed liability as prayed for by the complainant.

(2.) The facts that led to filing this appeal are briefly as follows:

(3.) The complainant is the GPA holder of Kum.L.K.Neena Rani, who received a D.D. dated 4-3-2003 from Mr.MOhd.Akbar towards final settlement in a civil suit pending on the file of VIII Fast Tract Court, Hyderabad and R.C.No.350/2000 on the file of II A.R.C. Hyderabad on 5-3.2003. It was submitted that the said D.D. for Rs.2,00,000/- was presented before Vijaya Bank on 3-9-2003 and the same was sent to opposite party bank for collection but the opposite party bank returned the D.D. with an endorsement stale cheque. It is the case of the complainant that the opposite party did not honor the D.D. as it was presented on the last day of its validity and came for collection on the next day by which date it became stale. The complainant submitted that as per Ex.A14 certificate, issued by Vijaya Bank, the D.D. for Rs.2,00,000/- was presented for collection on 3-9-2003 itself at 1.30 p.m. and since 3-9-2003 happened to be the last day, the opposite party ought to have taken immediate steps for collection of the amount under the D.D. The complainant also got issued a legal notice 18-12-2003 and submitted that the opposite party ought not to have rejected the D.D. without clearing for which opposite party gave a reply. Hence the complainant approached the District Forum for a direction to the opposite party to pay the amount under the D.D. together with interest, Rs.50,000/- towards compensation and Rs.5,000/- towards costs.