CENTRAL BANK OF INDIA Vs. P.C. RISHI

JUDGEMENT

(1.) Petitioner/Opposite party has preferred this Revision challenging impugned, order dated 20.11.2014, passed by State Consumer Disputes Redressal Commission, Delhi (for short, 'State Commission')-

(2.) Brief facts are, that Respondent/ Complainant filed a consumer complaint before Consumer Disputes Redressal Forum-II, New Delhi, (for short, District Forum) on the allegations that despite his instructions, cheques bearing No. 773086 and 773096 amounting to Rs. 19,131 each, were cleared by the petitioner in favour of HDFC Bank on 1.9.2015. Respondent also wrote a letter to the petitioner requesting them to stop payment of the cheques bearing Nos. 773087 to 773100 and 773101 to 773109. Thus, alleging deficiency on the part of the petitioner, respondent prayed for following reliefs:

(3.) Petitioner in his written Statement has submitted, that no stop payment instructions were received for cheque No. 773086, which was presented for payment and was cleared it on 9.8.2005. Stop payment instructions were reeeived for cheque Nos. 773087 to 7730109 on 1.9.2005. That thereafter all the cheques being presented by HDFC Bank have been returned unpaid by the respondent except cheque bearing No. 773096, which was inadvertently cleared by it on 8.6.2006 due to system migration from one Software to the other and the earlier/ previous instructions fed in the System was not accepted by the System. Further, no stop payment instructions were issued by the respondent prior to the instructions dated 1.9.2005 except letter dated 6.5.2005, which pertained to one cheque bearing No. 773083 dated 7.5.2005. The said cheque was not cleared as per the instructions given by the respondent.