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Cheque misplaced, bank told to pay Rs 5.61 lakh to customer

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  • The Pune district consumer court recently ordered the Axis Bank to pay Rs 5.61 lakh to Hadapsar-based building construction contractor Nilesh Pokar after the bank misplaced his cheque.

    Pokar had deposited a cheque for the amount of Rs 4,94,350 in his account at Axis Bank's Baner branch on May 2, 2008 for encashment.

    After Pokar realised that cheque amount was not credited to his account, he gave a written complaint to the bank on May 17. "Initially, the bank gave me in writing that I had an 'un-authorised' counter-foil of the cheque. Later on the bank changed its stand and again sent me a letter stating that the cheque was misplaced by their officials," Pokar said. He added, "The bank had received the cheque and I had the counter foil with me, which later helped in filing a petition against the bank," Pokar said.

    In addition, the bank also informed him that the cheque was routed though Andhra Bank, Ghole road branch and Pune People's Co-operative Bank -Model Colony had cleared the same.

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    Pokar's counsel Rohan Nahar said that it was a clear-cut negligence on part of the bank. "As Pokar had not received the cheque amount even after a year of the incident, we pleaded before the court to not just refund the amount but also pay him 12 per cent interest rate from May 4, 2008 till the bank repays the amount along with a compensation of Rs 10,000," he said.

    ... contd.

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