S.N. Basu, Member—The Appeal Nos. SC/280/A/07 and SC/281/A/07 have been taken up and heard analogously having arisen out of the same judgment involving common questions of fact and law and one judgment will govern both.

2. The Appeal No. 281/A/07 is directed against the judgment and order passed by the Ld. District Consumer Forum, Darjeeling on 24.7.07 in D.F. Case No. CC 9/D/2007 directing the OP Appellant to pay compensation of Rs. 5,000 together with cost of Rs. 5,000. Being aggrieved by the said judgment and orders the present Appeal has been preferred. The matter was heard ex parte since the respondent did not enter his appearance in spite of having received the notice.

3. The facts of the case briefly are that Sri Chandra Bahadur Chhetri, the complainant, deposited a cheque with the Central Bank of India, Siliguri, bearing No.942300 dated 26.11.06 for Rs. 1,18,877 which was sent by Employees Provident Fund Organisation, Bhavishya Nidhi Bhawan, Hill Card Road, Siliguri for crediting to the account of the complainant in his S.B. Account No.10076. When the complainant had contacted the said branch of Central Bank of India, he came to know that the cheque could not be traced