J.B. Garg, President -:- The complainant was allotted a dwelling unit at Chandigarh and a letter dated 21-2-1992 demanding Rs. 1.12,043/- was received from Chandigarh Housing Board which was to be deposited within a period of 30 days. She possessed a Savings Bank Account No. 15870 in State Bank of India, Punjab University, Sector 14 Chandigarh. She deposited a sum of Rs. 50.000/- vide bank draft No. 865045 dated 16-3-1992 issued by State Bank of India. Subrote Park. New Delhi. This bank draft was handed over to respondent No.1 on 18-3-1992. The sum of Rs. 1.12.043/was to be deposited with the Chandigarh Housing Board in their account which was maintained by them in Andhra Bank, Sector 17, Chandigarh. However, the sum of Rs. 50,000/ - was not immediately transmitted to the local Andhra Bank because the cheque which she issued on 18-3-1992 was dishonoured for want of sufficient balance on 20-3-1992. On an enquiry made the complainant was informed that usually the instrument received for credit to various accounts at the branch of respondent No. 1 were released on the next working day but in this case because 19th March. 1992 was a holiday the bank draft in question could be credited only on 20-3-1992 and in the meanwhile the cheque presented by complainant through clearing house by Andhra Bank, Sector 17. Chandigarh was returned unpaid. The grievance of the complainant is that dishonouring of the cheque caused inconvenience to her and for this reason she has claimed a compensation of Rs. 1,10,000/- together with interest @ 24% on this amount of compensation.

2. The plea of the respondents had been that the draft in question was presented on 18-3-1992 after 11.00 A.M. and credit for such instruments was normally reflected the next working day. In this case 19th March, 1992 was a holiday and the credit for instrument was given in favour of complainant on 20-3-1992. The cheque presented through Andhra Bank could not be cleared obviously because it was presented earlier in time i.e. before the cheque dated 18-3-1992 was credited. However, when the cheque was again presented on behalf of the complainant on 23-3-1992 it was credited to the account of the Chandigarh Housing Board. The relevant part of the affidavit' of Sh. N.S. Dhamon. Manager, State Bank of India, Punjab University Branch, Chandigarh, dated 7-8-1994 is reproduced asunder:

That the complainant is having a Savings Bank Account with the State Bank of India and under the rules the Bank is obliged to encash the cheque if it is of an amount not more than Rs. 5,000/-. The complainant as such, should have informed the Bank regarding the issuance of a cheque of amount of more than Rs. 5.000/-. A cheque presented on the previous day had not yet been given. The cheque presented through Andhra Bank could not be cleared. The said cheque was again presented through Andhra Bank for collection on 23-3-1992, 22-31992 being a holiday on account of being a Sunday. The same was accepted and cleared for collection by the respondent bank on 23-3-1992 and duly paid on that date.

Since in the present case the draft was presented after 11-00 A.M. in the normal banking practice its credit was given on the next day after making entry in the subsidiary book and due verification• of the document.

Since 19-3-1992 was a bank holiday on account of Holi, the credit of the draft of Rs. 50.000/- deposited by the complainant was given in her Savings Bank Account No. 15870 on 20-3-1992. Since the demand draft in question is a negotiable instrument and not a cash it had to be credited only after due verification in - accordance with the normal banking practice. Since the draft was deposited on 18-31992 it was entered in the Subsidiary Book and was sent to the concerned section for verification before the release of credit. In the case of a draft even issued on the branch which is to release the credit two things are verified. first is that the signature of the issuing authority tally with the specimen s