BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.

CC.NO.194 OF 2019 Between:

K.V.S.S.Sastry , S/o.late K.V.S.Sarma, Aged about 53 years, Occ:Business, R/o.H.No.5-51, R.B.Redddy Nagar, Road No.6, Almasguda, B.O.Hyderabad-112, Ranga Reddy District – 500 112, Phone No:8639638660 …. Complainant Email svihvs @gmail.com And

1.M/s.Axis Bank, Rep. by The Branch Manager & Operations Head, D.No.11-9-451, Kothapet X Roads, Kothapet, Hyderabad – 500 060.

2. The Chief Executive Officer & Managing Director, M/s.Axis Bank Ltd., 2^nd Floor, Axis House, C-2, Wadia International Centre, P.B.Marg, Worli, Mumbai – 400 025. … Opposite parties Counsel for the Complainant : Party in person Counsel for the Opposite Parties : M/s.Srinivas Survi QUORUM: HON’BLE SRI V.V.SESHUBABU, MEMBER &

HON’BLE SMT R.S. RAJESHREE, MEMBER MONDAY, THE ELEVENTH DAY OF DECEMBER, TWO THOUSAND TWENTY THREE.

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Oral Order :

01). This is a complaint filed by the Complainant under Section 17(1) (a) (i) of the Consumer Protection Act, 1986, praying this Commission as follows:

 “ a). The compensation which was asking from the opposite party for the deficiency in service and loss of cheque amount of Rs.20,00,000/- ( Rupees twenty lakhs only) with interest and compensate a sum of Rs.20,00,000/- for mental agony, loss and damage sustained to the complainant ; And b). Costs of the subject proceedings as awarded and pass such further or, other orders as this Hon’ble Forum may deems fit and proper in the circumstances of the case.”

02). The case of the complainant is that he is having an account in opposite party no.1 bank and he had deposited a cheque on 19.11.2018 bearing no.859304 dt.21.8.2018 for an amount of Rs.20 lakhs in the drop box and the said cheque was issued by M/s.Volio Technologies Ltd. in discharge of their liability and the cheque is valid upto 21.11.2018 and the opposite party had acknowledged the receipt of the said cheque; the complainant was eagerly waiting for the clearance of the said cheque but he did not receive any information. As such, on 29.11.2018 he made a phone call to the opposite party bank and enquired about the cheque clearance, but however to his utter surprise, the opposite party had sent a courier on 30.11.2018 which was received by the complainant on 4.12.2018 wherein a cheque return memo was enclosed in the courier with an endorsement that “the cheque/instrument out dated” . Upon receiving the same, the complainant visited opposite party no.1 bank and explained that the cheque was valid upto 21.11.2018. On enquiry, he found that the opposite party -bank had sent the cheque for clearance immediately and the same was returned on 30.11.2018 without taking consideration from SBI or electronic clearance within time. The complainant had approached the bank several times, but there was no response, as such he got issued legal notice on 7.1.2019 which was received by the opposite party bank and replied with some untenable reasons; that due to negligent acts of the opposite parties, the complainant had lost Rs.20 lakhs apart from the hardship faced. As such, he has approached the banking ombudsman and filed the complaint on 16.5.2019. But the Banking Ombudsman has closed the complaint stating that there is no deficiency in service on the part of the bank and intimated the same through mail. As such, having no other option , the present complaint is filed with a prayer as stated supra in para no.1.

03). The opposite party filed their written version while admitting that the complainant is an account holder and also that the cheque was dropped in the drop box on 19.11.2018 but however contended that the complainant failed to mention the time of dropping of the cheque in the drop box and stated that the cheque was dropped by the complainant in between 1.30 to 1.40 p.m.

The opposite party further pleaded that as per process, the cheques deposited in the drop box are taken out at 3 intervals i.e. at 10.35 a.m., 3.45 p.m. and 6.10 p.m. a