NARMADA MALWA GRAMIN BANK Vs. MUKESH

JUDGEMENT

(1.) This revision petition has been filed by petitioner against order dated 28.5.2011 passed by State Commission in FA No. 7/2010 - Mukesh Kumar Vs. Branch Manager, Narmada Malwa Graim Bank ; by which while allowing appeal, order of District Forum dismissing complaint was set aside.

(2.) Brief facts of the case are that complainant/ respondent deposited two cheques of ICICI Bank worth Rs. 6.00 lakhs and Rs. 80,000/ - on 29.1.2008 in opposite party/petitioner's bank. Cheque of Rs. 80,000/ - was received back but cheque of Rs. 6.00 lakhs was not returned to the complainant. On 8.8.2008, opposite party apprised that cheque was sent through Madhur Courier but cheque was not received by ICICI Bank. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint and admitted depositing two cheques and submitted that cheque of Rs. 80,000/ - was received back but cheque of Rs. 6.00 lakhs sent through Madhur Courier was not received back and vide letter dated 17.6.2008, intimation about non -receipt of cheque was given to the complainant and denying deficiency on the part of opposite party, prayed for dismissal of complaint. Learned District Forum after hearing both the parties, dismissed complaint. Appeal filed by complainant was allowed by Learned State Commission vide impugned order against which this revision petition has been filed.

(3.) None appeared for respondent even after service of notice and he was proceeded exparte. Heard Learned Counsel for the petitioner and perused record. As there is delay of only 12 days in filing revision petition, I deem it appropriate to condone delay for the reasons mentioned in the application and delay stands condoned.