LAWS(NCD)-1993-9-106

VIDYA MONGIA Vs. PUNJAB NATIONAL BANK AMBALA CITY

Decided On September 15, 1993
VIDYA MONGIA Appellant
V/S
Punjab National Bank Ambala City Respondents

JUDGEMENT

(1.) - The partly successful complainant appeals against the order of the District Forum, Ambala City granting a marginal compensation of Rs.500/- only for dishonouring her cheque. The solitary question raised on behalf of the appellant is with regard to the quantum and enhancement of compensation granted.

(2.) The facts merit notice with absolute brevity relevant to the aforesaid question only. The appellant who had her account in the Ambala Branch of the Punjab National Bank secured an urgent transfer payment order for Rs.5,000/- to be credited in the Delhi Branch of the said bank. The aforesaid bank's TPO was issued on 15th of May, 1992 but owing to the negligence of the respondent-bank the same was not credited in their Delhi Branch till one month and six days thereafter on the 21st of June, 1992. Meanwhile the appellant issued a cheque for Rs.4800/- in favour of Vijay Bank for the payment of the requisite money to get the rights issues of ICICI. The said cheque was dishonoured and the appellant's grievance was that she consequently missed the opportunity of securing the said debentures, resulting in the loss of Rs.20,000/-.

(3.) Defending the complaint, the respondent-bank admitted the broad factual position of the issue of the TPO for Rs.5,000/- but speciously pleaded that the admitted delay in crediting the same was due to the default of the courier to whom, it was delivered for transmission. The District Forum on a consideration of the material came to the firm finding that the respondent was guilty of the deficiency of banking service. However, whilst granting relief it reduced the claim of a sum of Rs.20,000/- and instead granted a compensation of a mere Rs.500/-only.