J U D G M E N T
Smt. Sarita Tripathy, Member - The complaint under Sec 12 of C.P Act is filed for the following relief to direct the OPs.
For payment of Rs. 11,116/- with 12% interest to the complainant of the cheque amount.
For payment of Rs. 50,000/- as compensation to the complainant for mental agony loss, harassment etc.
For payment of Rs. 10,000/- as litigation cost the complainant.
The case of complaint in brief is that on surrender of one LIC policy received a cheque No. 00012379 dt. 12-03-2012 for Rs. 11,116/- payable through the Axis Bank. He deposited his cheque on 19-04-2012 in Sub Post Office, Satapatana in his Saving Bank Account No. 893978 where OP No. 1 was a Post Master. The said cheque was send to head post office, Nayagarh OP No. 2 for collection on 21-04-2012. On several occassion the complainant was informed about the non collection of the cheque. On 20-08-2014 the OP No. 1 in written informed complainant about on collection of his cheque. On 27-08-2014 the complainant through his Advocate issued a notice demanding encashment of his cheque. As the same was not responded, the case was filed on 15-09-2014 alleging deficiency in service by the OPs.
The complainant has filed the photocopy of information receipt from OP No. 1 on 20-08-2014 and his Saving Bank Account.
Both the OPs have filed the written version admitting deposit of cheque by complainant on 21-04-2012 before the Op No. 1 in his Saving bank Account. It is stated that after receiving pleader notice the Op No. 2 has informed about encashment of such cheque on 05-09-2014. Accordingly there being no deficiency
of service, the filling of the case is unwarranted.
Both the complainant and the on behalf of OPs Gobinda Chandra Sahu have filed affidavit evidence reiterating their above stand.
From the above facts and evidence the admitted facts are that complainant had deposited a cheque amounting Rs. 11,116/- drawn in Axis Bank for collection and deposit in his Saving Bank Account in the post office where OP No. 1 was the Post Master. The OP No. 2 got the said cheque encashed from the bank on 05-09-2014, which is more than 2 years. In the back drop of above admitted facts the point for determination are-
Whether OPs caused deficiency in service against complainant by not encashing the cheque for the period more than 2 years.
Whether complaint entitled for any relief as prayed for-
Ans point. No. 1- The fact of deposit of cheque by complainant in his Saving Bank Account on 19-04-2012 and its encashment on 05-09-2014 is admitted. The OPs have not assigned any reason as to why they failed to get the cheque cleared from the bank till 05-09-2014. The OPs have not attributed any fault to any body for non encashment of said cheque. The complainant was making enquary to known the result of his cheque is proved from the receipt issued on 20-08-2014 by OP No.1 In absence of any satisfactory answer from OPs, it can be said that the complainant was viction of negligence of the post office resulting delay in getting the proceeds of the cheque. Resultantly from the evidence adduced, it is clearly proved the OPs have caused deficiency in service towards complainant in respect of his cheque amounting Rs. 11,116/-.
Ans point No. 2- Though the cheque is encashed on 05-09-2014 by the OPs which was deposited on 19-04-2012, it can not be said the complainant was not harassed mentally and monetarily. The affidavit evidence of complaint that he sustained loss by not getting interest. Instead the complaint has stated to have paid
interest Rs 9,570/- towards making loan to meet his urgent need. The fact being not disputed and the loss being apparently understandable to ordinary reason, we are constrained to hold that the complainant is required to be indemnified for the loss caused due to deficiency of service by the OPs.
In our considered opinion the complainant is entitled to pay interest @ 9% per annum from the date of deposit of cheque i.e dated 19.4. 2012 he is also entitled to get Rs. 5,300/- towards compensation and litigation cost. Both the OPs have jointly and severally liable to make the payment. Hence we order :
ORDER
The complaint is allowed in part on contest. The OPs are jointly and severally liable to pay interest @ 9% per annum from the date of deposit of cheque i.e dated 19.4.2012 and Rs.5,000/-(Five thousand) towards compensation and also to pay Rs.3,000/-(Three thousand) as litigation cost within one month from the date of this order failing which the complainant will be entitled for interest @ 12% on the awarded amount and to realise the same in due procedure of law.
The final order is prepared by us, corrected,
signed, sealed and pronounced in the open
Forum on this 09th December , 2014.
