ALEX J REBELLO Vs. CANARA BANK

JUDGEMENT

(1.) This appeal by the complainant is directed against the order dated 5.2.1991 passed by the District Forum, Bangalore, in Complaint No.468/1990 on its file.

(2.) It arises in this way : -The appellant's son, Ajit Rebello was studying in Rural Engineering College at Bhalki in Bidar District and he had a S. B. Account No.6779 in the Canara Bank Branch at Bhalki during 1988. The appellant sent a mail transfer on 5.8.1988 for Rs.400/- paying the bank charges of Rs.2/- at Canara Bank, Rajajinagar Branch, Bangalore, for being sent to and credited to the S. B. Account of his son without mentioning the account number. This amount was not credited to the account of his son within the reasonable time. On enquiry the appellant was informed that the MT for Rs.400/- was returned on the ground that S. B. Account number was not mentioned in the remittance. According to the appellant he had sent the said amount to his son for his expenses and payment of examination fee of Rs.100/-. As his son did not receive the said amount, he could not pay the examination fee in time and he had to pay Rs.35/- as fine. According to the appellant the MT should not have been returned and the Bank could have found the account number of his son on going through the accounts in their branch and ought to have credited the amount to his son's account. According to the appellant he had sent money to his son by MT from Cunningham Road Branch and Devarajeevanahalli Branch and the Bank had collected postage of Rs.2/- on each MT wrongly and he had to spend Rs.10.50 for correspondence for getting that amount back from the Bank. Hence he filed the complaint claiming damages on those two accounts.

(3.) The complaint was resisted by the respondent by contending inter alia that as the account number was not mentioned, the Bank was justified in returning the MT; that the amount was credited to the S. B. Account of the complainant's son on 29.8.1988 and if he had been deligent, he would have collected the amount on that day and paid the fees without fine on that day itself and that the Bank was justified in collecting the postal charges also. The District Forum dismissed the complaint. Hence this appeal.