Heard the learned counsel for   both the parties. 

2.              This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

3.                      The case of the complainant, in nutshell is that on 02.07.2005   the complainant presented  a cheque of Rs.3000/- before the OP for collection. The OP received same and deducted Rs.80/- as collection charge. It is alleged inter-alia that  the OP sent the cheque for collection and again debited Rs.1120/-  towards collection charge which was objected by the complainant. Against on 8.5.2007 the OP credited Rs.1115/- in the account of complainant. Again the OP  debited Rs.1679/- from the account of the complainant.  Basing on the fact that the cheque has been alleged to have found on 2.5.2007. The complainant alleged that neither  the lost cheque was returned nor  cheque slip was submitted for the money which was debited from  the account  of complainant  towards collection charges, bounce charges etc. So, showing deficiency in service  on the part of the OP, the complaint was filed.

4.            The OP  filed written version stating that  as per the terms and conditions of the demand draft the cheque sent for collection after instant credit to the depositor returned unpaid. The depositor has to pay back the amount. The cheque was credited to the account of the complainant and accordingly it is admitted  by the OP that they have received the cheque and sent it to the complainant’s account for collection. But in August,2007 the cheque was dishonoured for the necessary advise was sought for by the Bank, the drawyer’s bank.  However, due to non return of the concerned cheque it was not returned to the complainant.  The OP further stated that the complainant was requested to furnish details particulars  to arrange to obtain a duplicate cheque on Drawer’s bank but complainant did not respond. Hence, the oP-Bank opened over draft account in the name of the complainant on 12.09.2007 of Rs.3,000/- and the balance amount in the account of the complainant was debited and credited in the newly created  over draft account and it was intimated to the complainant. The OP has failed to get a reply in the above matter though requested Asst.General Manager,SBI,Service Branch,Mumbai addressing a letter regarding the details of the cheque. So, there is no deficiency in service on the part of the OP.

     5.        After hearing  both the parties, learned
District Forum  passed the following order:-

                  Xxxxx              xxxxxxxx              xxxxxx

                 “In the above circumstances the3 OP is liable to pay the compensation which is fixed at Rs.8,000/- together its interest at the rate of 7 % per annum from the date of opening the over draft account of the complainant and the cost of the proceeding quantified at Rs.500/- within one month from the date of receipt of this order, failing which the total amount  as per order be adjusted against the amount due  in the over draft