MANAGER, DHANALAXMI BANK LTD Vs. RANAJI GANGULI

JUDGEMENT

(1.) This revision petition has been filed by the petitioners Manager Dhanlaxmi Bank Ltd. &anr. challenging the order dated 14.09.2012 passed by the State Consumer Disputes Redressal Commission, West Bengal, (in short 'the State Commission') in FA/94/2012.

(2.) The brief facts of the case are that the respondents/ complainants got two bank drafts for Rs.90,000/- each from the petitioner bank in the name of Smt. Jayanti Banerjee totalling to Rs.1,80,000/- on 11.03.2008. On the next day i.e. 12.03.2008 the respondents/complainants had lost two drafts in the taxi, which he used for his transportation. The petitioner bank received a letter from the complainants on 13.03.2008 mentioning the loss of two bank drafts alongwith copy of the complaint lodged by the complainants with Kalighat Police Station. On 15.03.2008, these bank drafts were presented for clearing by Patura Para Branch of Central Bank of India, Kolkata. The petitioner bank returned these drafts/banker cheques with the remark "reported lost". The petitioner bank received a letter from Jayanti Banerjee stating that the payment made by these bank drafts was due to her from the respondents/complainants. The petitioner bank then took up the matter with the Central Bank of India and they received the information that Jayanti Banerjee was an authorised account holder of Central Bank of India and she had presented the drafts for depositing in her account with the Central Bank of India. After confirmation from the Central Bank of India about the genuinity of the account holder Jayanti Banerjee, the petitioner bank cleared the payment of these drafts in favour of Jayanti Banerjee on 26.05.2008. In the meanwhile, the complainants had requested the petitioner bank for issuing duplicate drafts and the bank had taken an indemnity from the complainants in this regard to process the request of issue of the demand daft, however, the bank did not reissue the drafts and made the payment to account holder Jayanti Banerjee in whose account the drafts were deposited.

(3.) The complainants then filed a consumer complaint bearing no.257 of 2008 before the Kolkata District Consumer Disputes Forum, Unit-I, (District Forum) under Section 12 of the Consumer Protection Act 1986 praying for refund of an amount of Rs.1,80,000/- for which the drafts were issued along with a compensation of Rs.40,000/-. The complaint was resisted by the petitioner bank by filing the written statement. It was claimed by the petitioner bank that under the RBI instructions, they cannot withhold the payment of the demand drafts for a long time and they had made the payment after verifying the genuineness of the account holder in whose account the drafts were deposited. The District Forum, allowed the complaint vide its order dated 30.01.2012 as under:-