CENTRAL BANK OF INDIA Vs. NAWAL KISHORE

JUDGEMENT

(1.) This appeal has been heard ex parte as the respondent did not appear in spite of the notice. The appellant is the O. P. (Central Bank of India, Bagaha (West Champaran ). The appeal has been preferred against the order dated 4.5.1998 passed in Complaint Case No.62/1997 by District Forum, Bettiah (West Champaran ).

(2.) Appeal No.399/1999 has been preferred by the O. P.-appellant against the order dated 30.6.1998 passed in Execution Case No.1/99 by District Forum, West Champaran under Sec.27 of the C. P. Act for non-compliance of the order passed in the Complaint Case No.62/97 and appellant has been sentenced to pay Rs.500 as fine within two months.

(3.) The complainant has alleged that he had a cloth shop in the town of Baga in the name and style of Tirath Raj Kishun Prasad of which he was proprietor. He had opened a current account No. C/c 380 in the Central Bank of India, Begusarai Branch. On 19.8.1997 he issued a cheque of Rs.2,21,196.50 in his aforesaid account for getting a Bank Draft in the name of Sri Radhe Govind Enterprises, Surat. On the same date he was given draft No.004781. He sent the aforesaid draft to the said Firm at Surat through special messenger for supply of the goods. The said Firm deposited the draft in its account for payment through clearing. The said firm did not get payment because the draft issued by the O. P. did not bear code number and stamp besides it also did not contain the name of the branch nor any signature. The Bank of Surat returned the draft was also returned to him. The complainant alleged that he suffered a financial loss of Rs.50,000 for non-supply of the goods and Rs.4,424 as loss in the interest besides other inconvenience and harassment. It is further case of the complainant that he approached the Bank and returned back the draft with a request for correcting the mistake which was corrected and given back to him on 8.9.1997. The complainant also sent a letter to the Branch Manager of the Bank to make good the loss suffered by him but it was orally refused by the Bank hence the complaint was filed.