DEVAKANTA KAKATI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) - This is an original petition alleging deficiency in the service of the Opposite Party-Bank.

(2.) A brief background of the case is that a plot of land measuring 16 Bighas acquired from the three Complainants by the Government of Assam for the Soil Conservation Department in 1975. The compensation determined was accepted by them under protest in 1977. Their reference made to the District Judge for award of enhanced compensation was upheld in 1983. The Government of Assam preferred an appeal before the Hon'ble Guwahati High Court. In 1989 the High Court affirmed the findings of the District Court and accordingly directed payment of compensation, solatium and interest upto date. Their repeated approaches to the Government of Assam towards settlement of their claim on the basis of the High Court's judgment finally bore fruit only on 6.3.1992, when the Director, Soil Conservation as per his cheque No. 83049 Book No. 1661 paid them an amount of Rs. 14,88,573/-.

(3.) The cheque on being presented to their bankers, the United Bank of India, Guwahati Branch was returned on 9.3.1992 with the remark "payment stopped by drawer". On their enquiries it was revealed that due to excess payment such a step was adopted.