KAMAL ROY Vs. LARSEN AND TOUBRO LIMITED

JUDGEMENT

(1.) VERY short question is involved in this appeal filed by Sri Kamal Roy and Smt. Leena Roy his wife. Whether or not the decree of the District Forum doubling the deposited amount of Rs.3,000/ - is sufficient compensation to the appellant/complainant is seriously challenged in this appeal by Sri Kamal Roy. According to him, because the deposit was towards receiving 40 Debentures, 20 in his name and 20 in the name of his wife, non -sending or non -despatching of the said sum of Rs.3,000/ - by the respondent Standard Chartered Bank to Larsen and Toubro Limited, Bombay has caused enormous loss because had he got the debentures he would have made lot of money, therefore, he preferred the complaint before the District Forum. The Forum has taken the view that it is true that sum of Rs.3,000/ - was deposited by Sri Kamal Roy for purchase of debentures with the respondent Bank on 12.10.1989, the Bank has pleaded that for whatever reason, the said sum of Rs.3,000/ - did not go to the Larsen and Toubro Limited, Bombay. The Bank had pleaded before the District Forum through the written statement that there was a fault with the result that the amount was not despatched at all.

(2.) THE conclusion of the District Forum, therefore, is that at no point of time the complainant had come into contract with Larsen and Toubro Limited. The amount of Rs.3,000/ - remained with the banker only. On this finding it has held that the said sum of Rs.3,000/ - should be doubled and Rs.6,000/ - to be paid to the complainant inclusive of compensation and cost of Rs.500/ - were separately allowed.

(3.) MR . K. N. Mehrotra, learned Counsel for the appellant/complainant as well as complainant Sri Kamal Roy have been heard at length and entire record has been examined. On behalf of the Bank Mr. Indra Mohan, Bhalla has been heard.