PRADEEP KUMAR JETHY Vs. BALMIKI SAHU

JUDGEMENT

(1.) Petitioner was the complainant before the State Commission, where he had filed a complaint alleging deficiency in service on the part of the respondents.

(2.) Undisputed facts of the case are that two cheques - one dated 4.8.1997 for Rs. 49,858 and another dated 5.8.1998 for Rs. 27,000 were issued by the 2nd respondent, Himachal Carpets, Poenta Sahib, H.P., in favour of the petitioner/complainant who deposited this with the first respondent bank at its Defence Colony Branch, New Delhi. But they never got credited in favour of the complainant, as according to the respondent bank, the cheques had been misplaced during transit. Matter was taken up with the Bank but when the issue was not getting settled, a complaint was filed before the District Forum, who while holding the bank to be deficient in rendering service directed the second respondent to issue fresh cheque and also directed the first respondent bank to pay interest @ 12% p.a. from the date of depositing the cheques, i.e., 14.1.98, compensation of Rs. 1,000 and Rs. 500 as costs.

(3.) Aggrieved by this order the petitioner as also the first respondent bank filed appeals before the State Commission who after hearing the parties dismissed both the appeals. Hence this revision petition has been filed by the complainant Modern Woollens, for enhancement of compensation.