ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of Institution : 12.10.2022 Date of Reserve : 14.11.2025 Date of Decision : 17.12.2025

1. Axis Bank Limited, Branch Mall Road, Ludhiana through its Branch Manager.

2. Branch Manager, Axis Bank Ltd., Branch Mall Road, Ludhiana.

….Appellant/opposite parties Versus Saravjit Singh aged about 35 years son of Sh.Manohar Lal, Resident of 1136/135/5, Street No.6, Gobind Nagar, Mundian Kalan, Ludhiana.

…..Respondent/complainant First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 16.06.2022 of the District Consumer Disputes Redressal Commission, SBS Nagar (decided at Camp Court, Ludhiana).

Quorum:-

Mr.Harinderpal Singh Mahal, Presiding Judicial Member Mrs.Kiran Sibal, Member Present:-

For the appellant : Sh.Shivoy Dhir, Advocate For the respondent : Sh.Parunjeet Singh, Advocate HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER This appeal has been preferred by the appellants/opposite parties Axis Bank Ltd. & Anr. against the order dated 16.06.2022 passed by District Consumer Disputes Redressal Commission, SBS Nagar (decided at Camp Court, Ludhiana) (in short ‘District Commission’), whereby the complaint filed by the complainant under the Consumer Protection Act (in short ‘the Act’) was allowed and opposite parties were directed to pay an amount of Rs.2,00,000/- along with 6% interest from the date of filing of complaint till realization.

It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

2. Briefly stated facts of the complaint are that the complainant is doing the business of Taxis for commercial purpose for earning his livelihood. Sh.Harry Sharma, who is known to the complainant took a friendly loan of Rs.2,00,000/- to the complainant and assured him that he will pay the amount within few days. To discharge his liability, Sh.Harry Sharma, issued one cheque bearing No.163122 dated 01.10.2016 for Rs.2 lacs drawn on Axis Bank Ltd. Ludhiana from his account No.912010053546271 in favour of the complainant. The said cheque was presented by the complainant with the opposite parties. Later on, when the complainant asked about the said cheque, the opposite parties informed that they sent the said cheque to Harry Sharma, i.e. drawer of the cheque inadvertently. The complainant approached the opposite parties number of times and enquired about the said cheque but they always postponed the matter on one pretext or the other. Thereafter, the opposite parties sent a letter dated 9.11.2016 to the complainant for giving information that the cheque has been sent at the address of Harry Sharma instead of the complainant. The complainant approached the Harry Sharma with the request to hand over the said cheque or to pay the amount of cheque in cash but Harry Sharma has told that he has already given the cheque of Rs.2 lacs and now he will not return the said cheque to him and this fact of refusal of giving the cheque was informed to the opposite parties but they did not give any satisfactory reply to the complainant. This act and conduct of the opposite parties amount to deficiency in service and unfair trade practice, which compelled the complainant to approach the District Commission seeking following reliefs:

i) to pay Rs.2 lacs of the said cheque; and ii) to pay Rs.1,00,000/- as compensation on account of mental tension and agony and due to deficiency in service;

3. Upon notice, opposite parties appeared and filed their written reply taking preliminary objections that the complaint is bad for non-joinder of the parties and has not intentionally impleaded Harry Sharma as a party to the present complaint. On merits, it is submitted that the cheque, in question, was dishonored on the ground of insufficient funds but due to inadvertently the cheque was wrongly sent to Sh.Harry Sharma as the beneficiary as account of both the parties are in the Axis Bank Limi