STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                                                First appeal No.111 of 2022

Date of the Institution: 30.03.2022

Date of Decision:07.04.2022

Naresh Kumar S/o Shri Sadhu Ram, aged about 53 years, R/o Village & PO Damla, Tehsil Radaur, District Yamuna Nagar.

                                                                             .….Appellant

Versus

1.      Punjab & Sind Bank, Damla, Tehsil Radaur, District Yamuna Nagar through its Manager.

2.      Amit Anand, Manager, Punjab & Sind Bank, Damla, Tehsil Radaur, District Yamuna Nagar.

3.      Punjab & Sind Bank, Main Branch, Anand Market, Yamuna Nagar through its Chief Minister.

4.      Manager HDFC Bank Ltd. VPO Naharpur, District Yamuna Nagar.

…..Contesting Respondents

5.      Mannu Kumar  S/o Shri Ram Nath, r/o H.No.1416, Sher Pur, District Gajipur (UP).

                                                                             .….Respondents

CORAM:    Mr.S.P.Sood, Judicial Member

                   Mr. Suresh Chander Kaushik, Member

Present:-    Mr.G.C.Shahpuri, Advocate for the appellant.

O R D E R

S P SOOD, JUDICIAL MEMBER:

Naresh Kumar-Appellant has preferred the present appeal against the order dated 25.02.2022 passed by the learned District Consumer Disputes Redressal Commission, Yamuna Nagar at Jagadhri (In short “District Commission”)  vide which the complaint was dismissed.

2.      The brief facts of the complaint are that he is permanent resident of village Damla and is agriculturist by profession (small farmer) and is having bank account bearing No.2023 with the respondent No.1-Punjab & Sind Bank, Damla. He was availed the services of respondent Nos.1 to 3.  Previously the respondent No.5-Mannu Kumar was serving in Plywood factory at Damla. The respondent no.5 was friend of complainant.  The respondent No.5 borrowed a sum of Rs.50,000/- from him as he was in dire need of money for his domestic purpose and assured that he would return the above said amount very shortly.  Respondent No.5 issued post dated cheque bearing NO.000001 dated 02.01.2020 amounting to Rs.50,000/- drawn on HDFC Bank VPO Naharpur from his account to him for encashment.  On 02.01.2020, the respondent No.5 came at the house of the complainant and requested him not to present the above said cheque on 02.01.2020 as he could not arrange the funds and further requested him to present the above said cheque in the third week of March 2020.  He presented the cheque through his banker i.e. respondent No.1 on 20.03.2020 for encashment, but, the staff of respondent No.1and 2 assured  the complainant that his cheque has been sent for encashment to the banker of respondent No.5. The staff of respondent No.1 and 2 had never given any satisfactory reply and always lingered on the matter.  In the month of April 2020, the respondent No.5 had left the job from Damla Plywood Factory.  Respondent No.5 has also changed  his mobile number and also left his native village to some other unknown place for the job purpose.  Ultimately he received return memo report dated 14.05.2020 from his bank i.e. respondent No.1 through respondent No.2 on 30.05.2020.  The memo was returned uncashed on the ground “Instrument out dated/stale” meaning thereby the cheque in question was received by the respondent No.4 after loosing its validity period of 90 days.  The validity of the cheque was three months. The complainant presented the cheque on 20.03.2020, however, he