LAWS(NCD)-2016-10-36

BASHISTH NARAYAN SINGH Vs. RAM SEWAK PRASAD

Decided On October 27, 2016
Bashisth Narayan Singh Appellant
V/S
Ram Sewak Prasad Respondents

JUDGEMENT

(1.) The present appeal execution no. 26 of 2016 has been filed against the order dated 14.07.2016 in Execution Case no. 21 of 2015 of the Bihar State Consumer Disputes Redressal Commission at Patna ('the State Commission').

(2.) The brief facts of the case are that the appellant/ complainant had opened a savings Bank account bearing no. 2851 in Madhya Bihar Gramin Bank, Aranda, District Aurangabad in the year 2001. The appellant had deposited a cheque bearing no. 010317 for Rs.56,192/- in the aforesaid savings Bank account issued by the State Bank of India, Daudnagar Branch, Aurangabad on 07.04.2009. Prior to that, the appellant had already deposited Rs.25,622/- in the said savings bank account, out of which Rs.16,000/- was withdrawn by him till 25.05.2009. The appellant issued cheque bearing no. 015924 amounting to Rs.64,000/- for withdrawal on 26.05.2009 but the respondent/ Bank refused to pay the amount and returned the cheque mentioning therein that the aforesaid amount was not available in the account of the appellant upto 26.05.2009. Thus, the appellant has suffered a loss of Rs.20,65,814/-, as the appellant had to lease the complete field due to lack of money.

(3.) Being aggrieved and dissatisfied by the attitude of the Madhya Bihar Gramin Bank, Aranda and the loss suffered by the appellant, as he could not farm his field due to paucity of fund and the appellant filed the complaint for awarding a compensation of Rs.20,65,814/-.