Surjit Singh Sidhu, an advocate, filed a case before the Forum that his cheque, which was deposited for clearing, was lost by the bank. In his complaint he stated that he had deposited a cheque of Rs 40,000 in his account in Indusind Bank, Feroze Gandhi Market. The cheque was drawn on PNB Nabha.
According to Sidhu, Indusind Bank sent the cheque for realization to PNB Nabha on October 17, 2006. Sidhu said he repeatedly enquired about the proceeds of the cheque from his bank, but he did not receive the amount.
Learning about the lost of the cheque Sidhu later served a legal notice on Punjab National Bank, Nabha, the bank authorities said that they had not received the cheque. This was stated by PNB in the court too. The Hakeema street branch of PNB took the same appeal.
The counsel for Indusind Bank admitted to have received the cheque and stated that it was sent to PNB Nabha for collection, and that Indusind Bank had been reminding the branch about it. Later, the counsel of all the three parties did not appear before the Forum, and were proceeded against ex parte.
After hearing the arguments of both side the Forum president JS Chawla and member Daljit Singh Bakshi held that the complainant could not be termed as consumer of PNB. The Forum observed that there was proof that Sidhu had deposited the cheque with Indusind Bank. But in the absence of any documentary evidence of sending the cheque for collection to PNB by Indusind Bank, the only presumption was that cheque was never sent to PNB for collection by Indusind Bank, who was unnecessarily blaming Punjab National Bank.
In its decision the District Consumer Disputes Redressal Forum directed Indusind Bank, Feroze Gandhi Market, to pay Rs 10,000 to a city resident as compensation on account of loss of cheque, the mental tension and harassment caused to him and for the deficiency in its services.