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SIKHA SARKAR V/S MANAGER UNITED BANK OF INDIA, MURSHIDABAD & ANOTHER, decided on Friday, February 1, 2013.
[ In the West Bengal State Consumer Disputes Redressal Commission Kolkata, S.C. Case No.FA/294 of 2011. ] 01/02/2013
Judge(s) : KALIDAS MUKHERJEE PRESIDENT, S. COARI & MRIDULA ROY. MEMBER
Advocate(s) : Subrata Saha, Authorised Representative. Debasis Bhandari, Ld. .
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  "2013 (1) CPR 135 (WB) (Full Bench)"  







        Mridula Roy Member J.The instant appeal is directed against an order dated 02.06.2011 passed by D.C.D.R.F. Murshidabad in Case No. CC/114/2009 allowing the complaint on contest against O.P. No. 1 and dismissed ex parte against O.P. No. 2 with consolidated litigation cost of Rs.500/- to be paid by the O.P. No. 1 to the Complainant directing the O.P. No. 1 United Bank of India Berhampore Branch to pay the amount of Rs.6 500/- to the Complainant within six weeks from the date of the order failing which an interest @ 8% per annum would carry upon the amount of Rs.6 500/- from the date of filing of the case i.e. 06.08.2009 till the final payment.Being aggrieved by that order the Complainant filed the instant appeal on several grounds including that the Ld. Forum below did not consider the prayer for compensation of the Complainant.The case of the Complainant before the Ld. Forum below in brief is that she is the holder of an savings bank account being No. 479926 with the United Bank of India Berhampore Branch District - Murshidabad.  The Complainant received a cheque being No. 904755 drawn on the O.P. No. 2 from the O.P. No. 2 amounting to Rs.6 500/-.  The Complainant deposited the cheque on 09.09.2008 with the O.P. No. 1 for the purpose of crediting the amount to her said S/B Account.  But the cheque has not been encashed till date though the Complainant had been making repeated contact to the O.P. No. 1 from September 2008 to August 2009.  Having no other way to know the fate of her cheque or to credit the said amount to her account the Complainant filed the complaint case before the Ld. Forum below praying for direction upon the O.Ps to encash the cheque and thus to credit the amount to her account to pay compensation of Rs.20 000/- and to pay the litigation cost.The O.P. No. 1 contested the case and filed Written Version stating inter alia that the Complainant deposited the said cheque issued by O.P. No. 2 for encashment on 09.09.2008 and for credited the amount covered by the said cheque to her S/B Account 479926 and accordingly the O.P. No. 1 sent the said cheque in original to the O.P. No. 2 with a forwarding letter on 16.09.2008 through postal department Berhampore Head Post Office by Speed Post Booking List and the postal department in acknowledgement of the same along with other cheques signed on the Speed Post Booking List on 16.09.2008.  As the said cheque has not been cleared on the part of the O.P. No. 2 upto 26.11.2008 accordingly the O.P. No. 1 by a letter dated 27.11.2008 requested the O.P. No. 2 – Bank regarding the latest position of the said cheque and on many occasions for clearing the said cheque through telephone message.  But the O.P. No. 2 in utter ignorance failed to comply their part as a reputed Bank for clearing the said cheque against the claim of the Complainant.  Since the O.P. No. 1 – Bank made every attempts on their part for encashment of the said cheque he is in no way deficient in service at all.  Accordingly the O.P. No. 1 prayed for dismissal of the complaint case with cost.The O.P. No. 2 did not contest the case in spite of service of notice.DECISION:Admittedly the Complainant holds an S/B Account being No. 479923 with the United Bank of India Berhampore Branch.  On 09.09.2008 the Complainant deposited a cheque having No. 904755 for an amount of Rs.6 500/- drawn on Gramin Bikash Bank Ahiron Branch District Murshidabad for the purpose of crediting the said amount to her aforesaid account.  The Complainant waited a considerable span of time but she found no amount was credited to her aforesaid account.  The Complainant met the O.P. No. 1 on several occasions requesting the Bank Officials to enquire about the fate of her cheque but no satisfactory reply was forthcoming.  The O.P. No. 1 submits that he left no stone unturned to get the cheque encashed and thus to credit the amount of the cheque to the account of the Complainant.  The O.P. No. 1 specifically stated that he sent the said cheque in original to the O.P. No. 2 with a forwarding letter on 16.09.2008 through Speed Post.  Thereafter on 27.11.2008 the O.P. No. 1 requested the O.P. No. 2 – Bank regarding the latest position of the said cheque and subsequently on several occasions over telephone he contacted the O.P. No. 2.  But no document is forthcoming in support of the contention of the O.P. No. 1 although he claims that he made every effort to credit the amount of the said cheque to the Complainant’s account.  The O.P. No. 1 failed to substantiate his contention.  Therefore it is clear that the Complainant had to suffer tremendously from mental agony due to harassment caused by the negligent activities from the end of the O.P. No. 1.In view of that we are of opinion that the O.P. No. 1 is liable to credit the said amount i.e. Rs.6 500/- to the account of the Complainant being No. 479926. In our considered opinion the Complainant is entitled to get Rs.4 500/- towards compensation.In the result the appeal is allowed on contest.  The impugned judgment is modified to the extent that the Respondent No. 1 is directed to pay Rs.4 500/- towards compensation to credit the amount of Rs.6 500/- to the S/B Account being No. 479926 and litigation cost of Rs.500/- to the Complainant – Appellant within one month from the date of this order failing which the interest @ 8% per annum will accrue till realization.The impugned judgment stands modified accordingly.