BANK OF BARODA Vs. VIVEK MITTAL

JUDGEMENT

(1.) The present appeal, filed by the appellant, under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is directed against order dated 1.5.2003 passed by District Forum (Central) Maharana Pratap Bus Terminal I. S. B. T. , Kashmere Gate, Delhi, in Complaint Case No.83/2003 entitled Shri Vivek Mittal V/s. Bank of Baroda.

(2.) The facts, relevant for the disposal of the present appeal, briefly stated, are that the respondent Shri Vivek Mittal, in his capacity as Proprietor of M/s. Jaypee Corporation, R-15, Reeta Block, Hemraj Shopping Centre, Shakarpur, Delhi had filed a complaint under Sec.12 of the Act before the District Forum averring therein that the respondent was having a Current Account, bearing No.1833 in the appellant Bank (erstwhile the Banaras State Bank Limited ). It was stated that the respondent had deposited a cheque, bearing No.0118645 dated 31.7.2000 for Rs.70,564/-, drawn on State Bank of India, Jhansi Branch in favour of the respondent on 1.8.2000 for being credited in its above mentioned Current Account, being maintained by the Banaras State Bank Limited, which subsequently merged with the appellant Bank. It was stated that in the ordinary course of business the amount of the above said cheque should have been credited in his above account within four or five days, but the amount of that cheque was not credited in the account of the complainant till the filing of the complaint which was filed on 27.7.2002. It was stated that the respondent had sent a number of reminders, had also personally visited the office of the appellant Bank and sent notices but all the efforts of the respondent failed to elicit any response from the appellant Bank. Alleging deficiency in service on the part of the appellant Bank it was prayed by the respondent in the complaint, filed by him, that the appellant be directed to pay the amount of the cheque to the respondent together with compensation of Rs.20,000/- for harassment. The respondent had also claimed litigation expenses, amounting to Rs.10,000/-.

(3.) The claim of the respondent in the District Forum was resisted by the appellant Bank and in the reply/written version, filed on behalf of the appellant Bank, while admitting the deposit of the cheque in question on 1.8.2000, it was stated that the cheque in question was cleared by the State Bank of India, Jhansi Branch and a draft dated 10.8.2000 for a sum of Rs.70,224/- was issued on account of the proceeds of the said cheque which was lost in transit as a result of which the proceeds of that draft could not be credited in the account of the respondent. It was further stated that in the meantime the Banaras State Bank Limited was placed under moratorium for a period of 9 months and thereafter was merged with the appellant Bank. It was stated that on receipt of notice from the District Forum the matter was taken up with the State Bank of India, Jhansi Branch and a request was made for the issue of a duplicate draft which was received on 5.10.2002 and thereafter the amount was credited in the account of the respondent on 9.10.2002. It was stated in the reply/written version that there was no deficiency in service on the part of the appellant Bank and that the complaint, filed by the respondent, deserved to be dismissed.