STATE BANK OF INDIA Vs. JASWANT SINGH DANGI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 10.4.2013 passed by the M.P. State Consumer Disputes Redressal Commission, Bhopal (in short, 'the State Commission') in Appeal No. 385 of 2011 State Bank of India Vs. Jaswant Singh Dangi by which, while dismissing appeal, order of District forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant-respondent, who is less educated person, obtained loan from OP/petitioner for tractor in the year 2006 through Loan Account No. 63003807247. He was depositing the loan amount after getting filled receipt of deposit from Shri Nigam, Assistant Manager of the appellant Bank. On 2.3.09 also, he reached to Shri Nigam, Assistant Manager with amount of Rs.1,90,000/-, at that time, he was busy and counter was to be closed, therefore, on his saying, he got filled slip to deposit Rs.1,90,000/- (Rupees one lac ninety thousand only) from the person standing nearby and gave that slip and amount to Cashier Shri Madho Wadekar, who affixed seal on the deposit slip and after appending signatures on the counter copy, returned the same to him and due to heavy rush, he was asked to get made entry later in the Pass Book on the basis of Slip. Later on entry was not made in the Pass Book by the Bank. In this regard, on 22.4.09, application was submitted to the Branch Manager, on which, it was informed to him that there is no record of depositing amount in his account on 2.3.09, therefore, entry cannot be made. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that on 2.3.09, no amount was deposited by complainant and in the counter slip possessed by complainant he has written Account number later on. It was further submitted that amount of Rs.1,90,000/- was deposited on 2.3.09 in Account No. 63023204772 and conspiracy has been hatched to misuse the counter slip for depositing money. Denying any deficiency on their part prayed for dismissal of complaint. Learned District forum after hearing both the parties allowed complaint and directed OP to deposit Rs.1,90,000/- in complainant's loan Account No. 63003897247 and directed further to pay Rs.1,000/- as compensation and Rs.500/- as cost. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed along with application for condonation of delay.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.