ORIENTAL BANK OF COMMERCE Vs. AMBICA PRASAD

JUDGEMENT

(1.) VIDE impugned order dated 3.8.2000, passed by the District Forum, the appellant Bank has been directed to credit a sum of Rs. 83,200/ - in the name of the respondent or pay the sum in cash against receipt with interest @ 18% p.a. from the date of deposit of the cheque i.e., 12.6.1995 till the date of payment on account of deficiency in service inasmuch as that the respondent who had gone to Rumah Riyadh for livelihood deposited a Banker s cheque for Rs. 83,2000/ - with the appellant Bank after returning from Rumah Riyadh against counter slip dated 12.6.1995 but the same was not credited in his account. No satisfactory reply was given by the appellant whenever the respondent went to the appellant for making enquiries about it. So much so, even a legal notice dated 14.5.1996 served upon the appellant did not cut ice.

(2.) THE perusal of the impugned order shows that no worthwhile explanation or defence was offered by the appellant as neither was the factum of receiving the Bankers cheque for aforesaid amount by way of counter slip dated 12.6.1995 was denied nor was the receipt of legal notice. It is a fair and simple case of deficiency in service as once having received the Banker s cheque, the appellant was bound to credit it in the account of respondent. This was the earning of the poor man who went to Riyadh for earning livelihood and to treat the matter in a cavalier manner was uncalled for and callous.

(3.) WE do not find any ground to interfere with the impugned order but feel inclined to reduce the interest from 18% to 9% p.a. as the deposit could not have fetched more than this interest when credited in the saving Bank account of the respondent. The appeal is allowed to the aforesaid extent.