BHAGWAN SHANKAR PD SINGH Vs. SWATANTRA KUMAR SUMAN

JUDGEMENT

(1.) O. P. (former Branch Manager, S. B. I. , Jamui) is the appellant who has preferred the appeal against the order dated 21.7.2003 passed by District Forum, Jamui in Complaint Case No.4/2003 whereby and whereunder the appellant has been directed to pay the face value of the two demand drafts worth Rs.40,000/- with interest @ 10% per annum since 29.7.2002 till the date of payment. The appellant has been further directed to compensate the complainant by paying Rs.10,000/- only from his own pocket together with Rs.500/- only as cost of litigation.

(2.) The brief fact of the case is that he got issued a Bank Draft bearing No.417625 for Rs.40,000/- only in the name of Pradeep Narain Singh payable at Rajendra Nagar Branch of Patna on 29.7.2002 from O. P. It is alleged that O. P. issued a defective Bank Draft negligently without putting his signature and S. S. No. on the said draft. On presentation at the drawee Bank of Rajendra Nagar, Patna, the draft was held to be defective and Pradeep Narain Singh was detained for investigation. The complainant had to rush to Rajendra Nagar, Patna and after much difficulty, the demand draft was returned. The complainant had given the draft for obtaining a contract from the drawee, which he could not get, and thereby suffered loss of Rs. one lac. The complainant further alleged that he is entitled for the refund of the amount of the draft as it had not been encashed with interest and compensation for mental harassment and loss in the business.

(3.) The O. P. did not appear in spite of notice by registered post and by courier nor any written statement was filed. The District Forum heard the case ex parte.