STATE BANK OF INDIA Vs. P.UDAY KUMAR

JUDGEMENT

(1.) THESE appeals are preferred one by the complainant against inadequacy of compensation and the other by the opposite party against the order of the Dist. Forum -I, Hyderabad in granting compensation. The parties are described as arrayed in the complaint in order to obviate confusion in describing the parties.

(2.) THE case of the complainant in brief is that, he was having S.B. account with the respondent bank. He issued two cheques, one for Rs. 9,000 in favour of Sri Dayakar Reddy and another for Rs. 5,000 in favour of Smt. B. Jalaja towards rent and service charges payable by him for the apartment occupied by him. They were presented for payment on 9.9.2005, however, returned unpaid on the ground that funds were insufficient. In fact he was having pass book balance of Rs. 17,943 from 5.9.2003 to 14.9.2005. This has resulted in loss of reputation. He is a Company Secretary in Republic Forge Company and number of other reputed companies. Since the opposite party failed to render service as required, it constitutes deficiency in service. Therefore, he prayed for Rs. 1,00,000 towards compensation for loss of reputation and costs.

(3.) THE respondent bank filed counter denying the facts alleged in the complaint. While admitting that the complainant was having S.B. account with it, denied that those cheques were issued towards rent and services charges for the apartment occupied by him. It alleged that those cheques were presented in clearing on 9.9.2005 with UTI Bank and returned with reasons -insufficient funds'. The complainant tendered a cheque on 5.9.2005 for Rs. 15,000 to credit into his account and was sent for clearing and the bank was expected to receive it on 9.9.2005. As on 5.9.2005 the balance in his account was Rs. 2,943.11 evident from banks cheques referred and returned register Ex. B2. The complainant has issued the cheques in anticipation of funds.