J. D. Kapoor, President—Complaint of the appellant seeking compensation from the respondent-Bank for having dishonoured two cheques issued by him irrespective of the fact that there was a sufficient balance in the S/B Account of the appellant was dismissed vide impugned order dated 19.11.2004 passed by the District Forum. Feeling aggrieved the appellant has preferred this appeal.

2. The allegations of the appellant, in brief, were that in spite of sufficient balance in his account, respondent-Bank dishonoured two cheques numbering 135041 and 135042 dated 30.8.2001 for a sum of Rs. 3,150 and Rs. 3,005 respectively issued for payment of school fees of his children due to insufficient funds whereas there were sufficient funds in the account and so much so, thereafter respondent had also dishonoured certain cheques, the details of which were given in the complaint. According to the appellant he got his pass book updated as it showed a credit balance of Rs. 9,973.52 p. as on 28th September, 2001. Consequently, he asked for a sum of Rs.1,096 as the loss caused by the respondent-Bank and Rs. 20,000 as damages for the loss of reputation and defamation, etc. caused by the illegal acts and omissions of the officials of the respondent- Bank and also cost of litigation.

3. While denying the charge of any deficiency in service, respondent-Bank took the plea that the appellant was sanctioned and granted cash credit facilities to the extent of Rs. 15,000 which became inoperative after 17th April, 2001 as the appellant did not submit renewal documents for cash credit account in spite of written and verbal requests made by the respondent. In view of this, the respondent-(Bank exercised its rights of general lien and freezed the S/B Account No.15695 of the appellant and the appellant was well aware of the said freeze and despite being aware of this fact, he kept issuing the cheques.

4. The complaint of the appellant was dismissed by the District Forum for the reason that due to failure of the appellant to fill renewal documents resulting in the freezing of his account, the respondent-Bank cannot be held guilty for any deficiency in service in dishonouring the cheques.

5. The view taken by the District Forum appears to be justified as no party can be allowed to take benefit of its own negligence or act of commission or omission. If there was a request sent by the Bank to the appellant for renewal of the documents and also the appellant was required to comply with such request, it was within the right of the respondent-Bank to freeze the S/B Account because of the cash credit limit, if any, expired and therefore we do not find any merit in the appeal and dismiss the same.

6. Appeal is dismissed.

7. The impugned order shall be complied with within one month from the date of receipt of this order.

8. Bank Guarantee-FDR, if any furnished by the appellant, be returned forthwith.

9. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to record room.

Appeal dismissed.

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