LAWS(DELCDRC)-2008-5-15

J P KAPOOR Vs. STATE BANK OF INDIA

Decided On May 19, 2008
J P Kapoor Appellant
V/S
STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) MAIN complaint of the appellant before District Forum against the respondent bank with whom he was having saving bank account and went for obtaining a draft of Rs. 70,000 was that the draft was not signed by two officers as prescribed by rules though he had also claimed Rs. 200 as penalty paid by him to the police for parking the scooter in the non -parking area and also missing of Rs. 10,000 from the dickey of the scooter.

(2.) HOWEVER , vide impugned order dated 5.5.2004, the complaint was dismissed by the District Forum absolving the respondent bank from the charge of deficiency in service. Feeling aggrieved he has preferred the present appeal.

(3.) WE have perused the impugned order and find that the draft in spite of having not been signed by two officers was duly encashed on the same day and as such the appellant did not suffer any loss on account of non -signing of the draft by two officers, which may be lack of due care but it did not cause loss to the appellant. In terms of Section 14 of the Consumer Protection Act, 1986 a consumer is entitled to an amount of compensation as to the actual loss or injury suffered by him due to negligence on the part of the opposite party.