SENIOR BRANCH MANAGER VIJAYA BANK Vs. DWARKA NATH MUSKARA S/O LATE DEBAKINANDAN MUSKARA HOSPITAL ROAD

JUDGEMENT

(1.) This revision petition is filed against the order of the Orissa State Consumer Disputes Redressal Commission in FA NO.665 of 2006. The matter pertains to a cheque of Rs.3 lakhs drawn in favour of the Complainant/ Dwarka Nath Muskara. This cheque was deposited with the revision petitioner/OP -1 branch of Vijaya Bank, on 22.12.2003. It was dishonoured by the drawee bank for insufficiency of funds. The collecting bank i.e. OP -1 debited the account of the Complainant for an amount of Rs.550/ - towards collection charge but failed to return the dishonoured cheque, informing that it was misplaced.

(2.) The case of the Complainant before the State Commission was that in the absence of the dishonoured cheque, he had lost his opportunity to proceed against its drawer for the amount in the cheque, under Section 138 of the Negotiable Instruments Act, 1881. Considering it as a case of deficiency of service, the District Consumer Disputes Redressal Forum Balasore, directed the Branch Manager/OP -1 to pay a sum of Rs.3 lakhs with 5% interest from the date of the order and Rs.5000/ - towards cost.

(3.) In the impugned order, the State Commission, Orissa dismissed the appeal of the present revision petitioner and confirmed the order of the District Forum in the following terms: -