RATANCHAND MORARKAR Vs. BANK OF MAHARASHTRA BOMBAY

JUDGEMENT

(1.) -Against the order dated 7.9.1995 passed by the State Consumer Disputes Redressal Commission, Maharashtra in dismissing the Complaint No. 392/1993 complainant has filed this appeal.

(2.) Before the State Commission, it was contended by the complainant that on 10.8.1990, he had deposited the amount with the Bank for issuance of pay order and a demand draft in the name of two parties. The demand draft was to be issued in favour of M/s. Pratap Rajasthan Special Steel Ltd., Jaipur for a sum of Rs. 1,50,000/- and the pay order was to be issued in favour of M/s. Indian Enterprises for a sum of Rs. 1,20,000/-. The grievance in this complaint pertains to 'pay order' as subsequently it was cancelled and issued in favour of one M/s. J.K. Industries. It is the say of the complainant that he had not authorised any one to cancel the same and issue a pay order in favour of M/s. J.K. Industries.

(3.) It is further submitted that complainant was making regular inquiry with regard to encashment of the said pay order and that by letter dated 4.11.1991 respondent Bank issued a certificate that pay order was issued in favour of M/s. Keshri Steel Limited, Bombay. On inquiry from M/s. Keshri Steels Limited, it was found that it has not received the pay order. Petitioner went on making inquiries with the Bank but there was no response. Hence, he wrote a letter dated 7.4.1993 for taking speedy action with regard to the pay order issued in favour of M/s. Keshri Steels Limited. As there was no response to the said letter, again he wrote letter dated 26.4.1993 to resolve the matter by either issuing fresh pay order or to credit Rs. 1,20,000/- in his favour. Thereafter, for the first time, the Bank disclosed to the complainant that the said pay order was cancelled by the appellant on 30.10.1990 and a new pay order for the said amount was issued in favour of one J.K. Industries. The grievance of the complainant is that he has not authorised anyone to cancel the pay order and issue pay order in favour of J.K. Industries. It is, therefore, prayed that there is deficiency in service by the respondent Bank and as the complainant has suffered a loss of prestige and credibility in the market, petitioner is entitled to receive the damages plus refund of Rs. 1,20,000/- with interest @ 24%.