The bank is liable for the lost cheque and must credit the amount in the complainant's account.

Mr. Justice K.K. Srivastava, President—This is an appeal filed against the order dated 20.9.2000 passed by the District Consumer Disputes Redressal Forum-I, U.T., Chandigarh [for short hereinafter referred to as the District Forum-I] in Complaint Case No. 279 of 1995, Inder Mohan Rishi v. Assistant General Manager, Oriental Bank of Commerce & Anr.

2. The complainant held a Saving Bank Account No. 5036 with opposite party No. 2 - Branch Manager, Oriental Bank of Commerce, Sector 19, Chandigarh. He deposited a cheque bearing No. 605809 dated 18.8.1994 with the opposite party No. 2 on 22.8.1994. The said cheque was for the sum of Rs. 10,000/- drawn on State Bank of India, Patna (State of Bihar). The amount of the said cheque was not credited in the Saving Bank Account of the complainant. The complainant wrote letters to the opposite parties - Bank regarding the fate of the cheque as aforesaid. It is alleged that ultimately Shri Gupta, Manager of the Bank told the complainant that the said cheque had been lost in transit. Therefore, the complainant issued a legal notice dated 11.3.1995 by registered A.D. Post and the same was served on the opposite parties. The opposite parties sent a reply to the legal notice in which they denied the receipt of the cheque by them. They also denied the receipt of any letter and correspondence with regard to the cheque. The respondent-Bank, it is alleged, received a letter dated 21.11.1994 from the Bank at Patna which clearly shows that the cheque was deposited with the Bank which appears to have been lost. The complainant claimed a sum of Rs. 10,000/-, the amount of the cheque together with interest @ 24% per annum from the date of deposit of the cheque i.e. 22.8.1994 till the date the amount is actually deposited and credited in the Saving Bank Account aforesaid. He also claimed damages for mental agony and torture besides a sum of Rs. 2,000/- as litigation expenses.

3. The respondent Nos. 1 and 2 filed their reply before the District Forum-I contending that the cheque in question was not sent to the Oriental Bank of Commerce, Exhibition Road, Patna by registered post bearing receipt No. B/5363/116599762 dated 24.8.1994 from the Post Office situated in Sector 19-D, Chandigarh. It was contended that the registered letter did not reach the Oriental Bank of Commerce, Patna Branch. The Postal Authorities, it was alleged, were necessary party to the complaint and the complaint was liable to be dismissed for the non-joinder of necessary party. It was, however, admitted in reply on merits that the complainant had Saving Bank Account No. 5036 with the respondent - Bank. The fact regarding the deposit of cheque No. 605809 dated 18.8.1994 drawn on State Bank of India, Rajinder Nagar, Patna from C.A. No. 1236 issued by Shivam X-Ray, Patna for a sum of Rs. 10,000/- was deposited with respondent No. 2 - Bank and the same was sent along with Bill clearing No. 928 dated 23.8.1994 by registered post to Oriental Bank of Commerce, Patna on 24.8.1994. The said letter, however, did not reach the Patna Branch and is reported to have been lost in transit. It was contended that the respondents are not deficient or negligent in rendering service. The cheque in question was misplaced negligently by the Post Office and the deficiency in service is on the part of the Post Office. It was further contended that the complainant is at liberty to obtain duplicate cheque from its drawee.

4. After the evidence was led by the parties before the District Forum-I, the District Forum-I held that there was deficiency in service on the part of the opposite party-Bank. A sum of Rs. 2,000/- was awarded to the complainant as compensation. The complainant was, however, allowed to pursue legal remedy for the recovery of Rs. 10,000/- from the party who had issued the cheque as permitted by law.

5. Feeling aggrieved against the order passed by the District Forum-I, the complainant has filed this appeal. The Notice of appeal was issued to the