SHEELA WANTI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Complainants/Appellants have filed this Appeal against the judgment and order dated July 19, 2007 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in Complaint No. 300/98 seeking interest on the amount of Rs. 4,00,000 awarded by the State Commission.

(2.) Respondents, on being served, entered appearance and filed their written statement resisting the complaint, inter alia, on the grounds; that as a matter of practice, all the cheques/drafts submitted by the parties for clearance with the Respondents were acknowledged by putting the rubber stamp on the counterfoil of the pay-in-slip along with signature/initials of the staff/officer with whom such cheques/drafts had been tendered but the counter foil of the pay-in slip dated 2.6.1997 produced by the Appellants did not bear any signature/initial of the any of the staff of the Respondent Bank; that it bore only the rubber stamp on which even the date of stamping was not legible; that in order to avoid any misuse of such tendered cheque/draft with the Respondents, the parties were required to put the account number at the back of such cheque/draft tendered by them for clearance with the Respondents; that as a further safeguard, all the cheques/drafts tendered by the parties with the Respondent Bank were "crossed" by putting "SBI Saraswati Vihar" endorsement on the face of it to avoid any misuse of such cheques/drafts and thereafter, the same were sent for clearing after making necessary entries in the records of the Respondents; that no entry with regard to alleged tendering of the said draft on 2.6.1997 was found anywhere in the records of the Respondents.

(3.) The State Commission, after considering the material available on record and going through the evidence led by the parties, came to the conclusion that the pay-in slip with stamp of the bank manifestly indicated that the demand draft was received by the Respondent Bank and on the internal complaint of the Manager, the entire staff of the bank was transferred. It was further held that even an FIR was lodged by the Bank with the Police with regard to the loss of draft which was of a very heavy amount. Accordingly, State Commission allowed the complaint and directed the Respondent Bank to pay a sum of Rs. 4,00,000 to the Appellants along with costs of Rs. 10,000.