The District Consumer Disputes Redressal Commission, Ludhiana, has directed HDFC Bank to pay Rs 50,000 as compensation to a city trader after its officials allegedly lost a dishonoured cheque of Rs 6.05 lakh, thereby depriving him of his right to pursue legal remedies against the drawer.The order was passed by the commission, comprising president Sanjeev Batra and member Monika Bhagat, in a complaint filed by Inderpal Singh, proprietor of M/s Jasbir Trading Company, located at New Grain Market, Gill Road, Ludhiana.According to the complaint, M/s Simran Ji Fabrics had issued cheque No. 454330 for Rs 6,05,000 in favour of the complainant towards its outstanding liability. Singh presented the cheque for encashment in his HDFC Bank account on November 3, 2022. However, the cheque was dishonoured the next day due to insufficient funds, and the bank also deducted Rs 118 as bouncing charges.The complainant alleged that despite repeated requests, HDFC Bank officials failed to return the dishonoured cheque along with the cheque-return memo. He was subsequently informed orally that the original cheque had been lost by bank officials.Singh submitted that the failure to return the original cheque prevented him from initiating proceedings under Section 138 of the Negotiable Instruments Act against the drawer within the prescribed period. He sought the cheque amount of Rs 6.05 lakh, Rs 2 lakh as compensation and Rs 21,000 towards litigation expenses.The bank did not appear despite service of summons, and the case proceeded ex parte. The commission noted that the complainant’s allegations and evidence remained unrebutted. Evidence from Canara Bank also established that the cheque for Rs 6.05 lakh was dishonoured on November 4, 2022.The commission held that the bank was legally obliged to return the dishonoured cheque along with the return memo so that the complainant could pursue appropriate remedies. Its failure to do so affected his valuable rights, including the remedy under Section 138 of the Negotiable Instruments Act and the right to represent the cheque within its validity period.However, the commission rejected the claim for compensation equivalent to the cheque amount, observing that the underlying debt or liability represented by the negotiable instrument and the corresponding right to sue survived.The complaint was partly allowed. HDFC Bank was directed to pay composite compensation of Rs 50,000 within 30 days of receiving the order. In case of default, the bank will have to pay an additional Rs 500 per day from the date of the order until actual payment.


