MANAGING DIRECTOR, UNITED COMMERCIAL BANK & 4 ORS. AT 10, BTM SARANI, PS/DISTT. KOLKATA WEST BENGAL Vs. MERRY GOLD BASTIA & ANR. W/O. SRI PRAMOD KUMAR LENKA, R/O. VILLAGE

JUDGEMENT

(1.) (Oral) - The complainant/respondent no. 1 who had an account with the United Commercial Bank deposited a cheque of Rs. 5,00,000.00 drawn by one Abdul Kalam on Axis Bank, in the said account on 31.01.2011. As per the usual practise of the bank, when the aforesaid cheque was deposited, its amount was credited to the account of the complainant. The cheque however, was not honoured since its drawer Abdul Kalam stopped its payment. As a result, the bank did not receive the payment and consequently reversed the credit entry in the account of the complainant. This is also the case of the complainant that on 02.02.2011, she sought to withdraw Rs.20,000.00 from another branch of the bank but the withdrawal slip was not honoured by the bank. This obviously happened because there was inadequate balance in the account for honouring the withdrawal slip for Rs.20,000.00. Being aggrieved from the reversal of the entry, the complainant/respondent no. 1 approached the concerned District Forum by way of a consumer complaint.

(2.) The complaint was resisted by the petitioner bank which inter-alia stated that since the drawer had stopped the payment, the cheque was not honoured and consequently the withdrawal slip of Rs.20,000.00 could not be paid. It is also stated in the reply that the cheque returned by the Axis Bank along with the cheque return memo was delivered to the agent of the complainant namely Mr. Ramakanta, on the basis of the oral instructions given by the complainant, after the deposit slip of the cheque was shown to the bank.

(3.) The District Forum vide its order dated 18.07.2012, dismissed the complaint. Being aggrieved from the dismissal of the complaint, the respondent no. 1 approached the concerned State Commission by way of an appeal. Vide impugned order dated 29.01.2016, the State Commission directed the petitioner bank to pay a compensation quantified at Rs.2,00,000.00 to the complainant/respondent no. 1. Being aggrieved from the order passed by the State Commission, the bank is before this Commission by way of this revision petition.