STATE BANK OF INDIA Vs. P BALAKRISHNAN

JUDGEMENT

(1.) It is to be stated at the outset that the appeal is devoid of merits. The facts of the case are quite simple. The second complainant is the wife of the first complainant. The second complainant had an S. B. Account with the opposite party. The first complainant was given a cheque by his employer for Rs.40,000/- which was deposited by the first complainant with the opposite party in the account of the second complainant, on 6.7.1996. Till the filing of the complaint, which was on 20.1.1997, the fate of the cheque was not known and, therefore, it was that the complainants had to move the Forum below.

(2.) The opposite party while admitting that the cheque was received by them on 6.7.1996, would say that they sent it for collection to the Catholic Syrian Bank, Chandamangalam. But once it was brought to the knowledge of the opposite party that the cheque was not collected, the opposite party took up the matter with courier service and they have also taken necessary steps to trace the missing cheque and thus there is no deficiency in service.

(3.) The lower Forum overruled the objections of the opposite party and directed the opposite party to pay a sum of Rs.40,000/- with interest at 12% from 6.7.1996 till realization along with a cost of Rs.500/-.