CANARA BANK Vs. ARVIND BABEL

JUDGEMENT

(1.) THIS First Appeal has been filed by the Canara Bank who felt aggrieved by the decision of the State Consumer Disputes Redressal Commission, Tamil Nadu. The facts in brief of the case are that the Respondent No.1 had deposited four cheques with its Banker, Vijaya Bank, Respondent No.2 on collection basis which on presentation were not honoured by the Petitioner Bank on account of signatures not tallying with those of the Petitioner's record. But on account of certain delay alleged by Vijaya Bank. of about an hour or so in returning the cheque the account of the Petitioner got¢ debited by the collecting 'Banker even though the reason for dishonour had been communicated to the collecting Banker by the Petitioner. The collecting Banker instead of making over that amount to the Complainant kept it under fixed deposit account for 60 days.

(2.) THE Complainant felt aggrieved by that delay in crediting his account by Respondent No.2 filed a complaint alleging deficiency in service only against Respondent No. 2. The present Appellant was not impleaded by the Complainant. The Appellant was brought on record by a suo -moto act of the State Commission. It may also be noticed that no deficiency in service has been alleged in the complaint against the Petitioner. In the face of this, we find it difficult to sustain the impugned order against the Appellant where Appellant has been directed to pay compensation to the Complainant in the sum of Rs. 10.000/ - and cost of Rs. 2,000/ - when there is no prayer at all in the complaint: We are informed that the complaint was never amended to include any harassment against the Appellant. However we are not making any observation in the present case with regard to the order against the First Respondent to pay to the Complainant a sum of Rs. 12.87.775/ - with interest @ 7% from 29 -7 -1994 till payment since that part of the order has not / been impugned before us and no arguments have been addressed in respect thereof. Accordingly we set aside the order qua the Appellant only with no orders as to the cost. The First Appeal is disposed of with above observations. Appeal allowed.