BRANCH MANAGER INDIAN BANK Vs. K SWAMANNA

JUDGEMENT

(1.) THIS revision is directed against the order dated 11.11.04 of A.P. State Consumer Disputes Redressal Commission, Hyderbad dismissing appeal against the order dated 13.09.01 of a District Forum whereby petitioner/opposite party bank was directed to pay amount of Rs.19,608/- with interest @ 12% from the date of complaint i.e. 7.07.2000 and compensation of Rs.2000/- to the respondent/complainant.

(2.) FACTS giving rise to this revision lie in narrow compass. Respondent was having saving bank account No. 406 with the petitioner. Respondent sold chilly crop to M/s. Sarpan Agri Horticultural Research Centre, Dharwad for an amount of Rs.19,608/-. He was issued a post dated cheque bearing No. 327284 dated 27.09.98 of Union Bank of India, Dharwad for the said amount by Shri S.B. Gaddaginath, Managing Partner of the said firm. Cheque was deposited in said saving account for realization by the respondent on 25.09.98. On amount of cheque not being credited the respondent got legal notices dated 31.12.2000 and 27.02.2000 issued to the petitioner bank. On amount of cheque still not being paid, complaint seeking certain reliefs was filed by the respondent which was contested by the petitioner bank. It was alleged that the respondent sent the cheque in question for collection to Indian Bank, Dharwad branch on 25.03.98; though respondent sent a number of letters to its Dharward branch to trace out the cheque but till now that branch had not returned the cheque; complaint is bad for non-joinder of necessary parties; respondent has received letter from Union Bank of India, Dharwad dated 27.7.2000 stating that the cheque in question was returned for want of insufficient fund; amount of Rs.19,608/- was not received by the respondent from Union Bank of India, Dharwad on whom the cheque was drawn by the drawer - M/s. Sarpan Agri Horticultural Research Centre, Dharwad.

(3.) FOR the foregoing discussion while allowing revision the orders passed by fora below are set aside and respondent is awarded compensation of Rs.10,000/- which has already been paid to him. No order as to cost.