(1.) Case called out. It was taken in the revised list. Mr. A. K. Jain, Advocate is present on behalf of the appellant. Since the matter relates to the year 1993 and the matter can be decided on merits in view of the arguments and material available on record, we decided to proceed with the hearing of the appeal on merits.
(2.) This is an appeal against the judgment and order dated 28.1.1993 passed by District Consumer Forum, Aligarh in Complaint Case No.402/1992. Initially a complaint was filed with the allegation that the complainant opened a S. B. Account No.5804 in Canara Bank, Ramghat Road Branch, Aligarh by moving an application for opening of the S. B. Account. Consequently the complainant deposited a Cheque No.82/127818 dated 3.8.1987 for Rs.2,140/- drawn on State Bank of India, Cantt. Branch, Meerut. Ultimately the amount of the said cheque was not credited in the account of the complainant and when approached no fruitful result had come. Consequently the complaint was filed under Sec.12 of the Consumer Protection Act, 1986 .
(3.) In the written statement the appellant Bank took the plea that the opening of the account was there, the cheque in dispute was deposited with the appellant Bank for amount being collected from the State Bank of India, Cantt. Branch, Meerut and the cheque in question was lost in transit.