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The National Consumer Disputes Redressal Commission (NCDRC) dismissed the revision Petition filed by Bank of Baroda and found it guilty for losing the customer’s cheque and directed it to compensate for the same by paying an amount, worth the value of the cheque.

Mr. Chitrodiya deposited a cheque in the Bank of Baroda (Petitioner) which was dishonoured and returned to his registered address along with cheque return memo. It was not delivered and was returned to the bank un-served. Mr. Chitrodiya (Respondent) claims that he pleaded to the bank to return his cheque and even visited the bank personally to receive his cheque but had to come back empty handed.

The District Commission partly allowed the complaint and awarded Rs. 15,000 as compensation in 2013. The payment was to be made by the bank within 30 days.

The State Commission, however, allowed the appeal of the customer and set-aside the order of the district commission to direct the bank to pay the full amount of the cheque (Rs. 3,60,000) to the Respondent in 2016.

Following, the orders passed by the State Commission, the Bank of Baroda filed an appeal challenging the order before the NCDRC under Section 21(b) of the Consumer Protection Act, 1986.

NCDRC recorded that even though the final cheque was returned un-served from the Respondent’s registered address, the same was not returned in the future either. The bank lost the cheque and thus, deprived the Respondent of his right to file a case under Section 138 of the Negotiable Instruments Act, 1881. Therefore, the NCDRC found no flaws in the order given by the State Commission.

-India Legal Bureau

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