Bank's failure to present deposited cheques timely constituted deficiency in service, necessitating a recalibration of awarded compensation to ensure reasonableness and justice for the consumer.

JUDGMENT :

UJJAL BHUYAN, J.

1. Facts and issue in both the civil appeals being identical, those were heard together and are being disposed of by this common judgment and order.

2. The two appeals have been preferred by the Canara Bank (‘appellant or bank’ hereinafter) under Section 23 of the Consumer Protection Act, 1986/ Section 67 of the Consumer Protection Act, 2019 assailing the judgment and order dated 24.09.2024 passed by the National Consumer Disputes Redressal Commission, New Delhi (briefly ‘the Commission’ hereinafter) allowing Consumer Complaint No. 123 of 2019 (Kavita Chowdhary vs. Canara Bank) and Consumer Complaint No. 124 of 2019 (Priya Chowdhary vs. Canara Bank).

3. It may be mentioned that vide the impugned judgment and order dated 24.09.2024, the Commission has allowed the aforesaid two complaints by directing the appellant bank to pay 10 percent of the total cheque amount alongwith interest at the rate of 8 percent per annum from the date of filing of the complaints within two months, further imposing litigation cost of Rs. 50,000.00 in favour of each of the complainants. The Commission has clarified that any delay in making the payment by the appellant bank would result in enhanced interest at the rate of 10 percent per annum till the date of final realisation.

4. For the sake of easy reference, we may refer to the facts of the first appeal i.e. Civil Appeal No. 2587/2025 (Canara Bank vs. Kavita Chowdhary). This appeal arises out of Consumer Complaint No. 123 of 2019 (Kavita Chowdhary vs. Canara Bank).

5. Respondent Kavita Chowdhary had filed Consumer Complaint No. 123 of 2019 before the Commission under Section 21 (a)(i) of the Consumer Protection Act, 1986 alleging deficiency in service on the part of the appellant and seeking compensation alongwith interest. Prayer made in the complaint was as under:

(i) To pass necessary order directing the opposite party to pay Rs. 1,06,10,768.00 (Rupees one crore six lakhs ten thousand seven hundred sixty eight) to the complainant alongwith interest at the rate of 18 percent per annum.

(ii) To direct the opposite party to pay Rs. 25,00,000.00 (Rupees twenty five lakh) to the complainant towards interest/compensation/damages.

6. Complainant i.e. Kavita Chowdhary holds a savings bank account with the appellant at its Maharani Bagh (Ashram Chowk) Branch, New Delhi, the account number being 0349101015565. On 29.05.2018, she (respondent-complainant) had deposited two CTS cheques into this savings bank account, the details of which are as under:

(i) Cheque No. 46382 dated 03.03.2018 for Rs. 11,36,868.00.

(ii) Cheque No. 46381 dated 03.03.2018 for Rs. 94,73,900.00.

7. Both the aforesaid cheques were issued in favour of the respondent by Assotech Limited and drawn on Vijaya Bank, S.S.I. Branch, Noida.

8. Appellant credited the two cheque amounts into the aforesaid savings bank account of the respondent on 01.06.2018. The transacti