GIRDHARI LAL KOUL vs Chairman, J and K Bank Ltd.

THE complainant deposited a cheque date 14.12.1989 for Rs 4050/- in the Jammu and Kashmir Bank Branch Office Mehraj Gunj, Srinagar, in December, 1989 for payment from the Central Bank of India Sopore. THE complainant directed the deposit of the amount of the cheque in his pension account. On 10.04.1991 he approached the Bank for the payment. THE same was refused on the plea that the cheque had been lost by the postal authorities and therefore the said amount could not be realized. THE complainant thereafter had to perforce enter in correspondance with the J&K Bank, the Central Bank and M. E. T. Sopore in this regard but he was persistently refused to make the payment on the ground stated hereinabove.

THE complaint pertained to Kashmir Division and also was for the realization of an amount less than Rs. 50,000/- and therefore had to be filed in the Divisional Forum Kashmir. THE complaint, however, was permitted to be filed in this Commission and at Jammu because of the turmoil in Kashmir Valley. THE complainant has submitted that appropriate action be taken against the respondent found guilty and that he may be paid the amount of Rs. 4050/- alongwith interest thereon and also compensation. THE complaint has been going on in this Commission since January, 1993 and Central Bank and M.L.E.T. Sopore were also made parties. While the complaint was pending the J&K Bank informed the Commission that cheque in question has been found after great search and that the amount of the same has been disbursed to the complainant. THE complainant also admitted this fact. He however, submitted that the bank be directed to pay the interest as also pay compensation for agony and inconvenience caused to him during the period the cheque remained untraced. On perusal of the record we are of the view that the complainant definitely deserves to be paid interest on the amount of the cheque as well as some compensation for the agony and inconvenience caused to him by the loss of the cheque for a considerable period. It is unfortunate that the J&K Bank failed to trace the cheque in time and as a lame excuse put the blame on to the militancy readily available to them in the present circumstances. The search for the cheque they made later exposed their stand which they had taken earlier that the cheque had been lost in fire caused in the Srinagar and Sopore branches of the J&K Bank and Central Bank. Had it been so the cheque could not have been found at all. While we are of the view that the complainant deserves compensation for agoney and inconvenience caused to him by the stand taken by the Bank in the beginning, we are also of the opinion that the personnel in the concerned branch of the J&K Bank who have after all put in their efforts and found the missing cheque deserve also praise for this and we hope the J&K Bank will favourably consider some encouragement to be given to them for their good work which now-a-days one hardly comes across.

We accordingly, order that the respondent No. 1 i.e. J&K Bank Ltd. Branch Office Gumat (Town Hall) Jammu shall pay Rs. 1000/- to the complainant as costs and interest and compensation regardiny this complainant. The complaint is, accordingly, allowed.

COPIES be sent to all the parties concerned free of charges. Complaint allowed.