BANK OF MAHARASHTRA THROUGH ITS BRANCH MANAGER, BRANCH ALIGANJ LUCKNOW UTTAR PRADESH Vs. UTKARSH PHARMA & ANR. THROUGH ITS PROPRIETOR AMIT KUMAR GOAL S/O. SRI JAGBIR GOPAL, R/O. C

JUDGEMENT

(1.) This Revision Petition by the Bank of Maharashtra, the sole Opposite Party in the Complaint, is directed against the order dated 27.04.2016, passed by the U.P. State Consumer Disputes Redressal Commission at Lucknow (for short the State Commission ) in Appeal No. 824 of 2012. By the impugned order, the State Commission has affirmed the order dated 27.03.2012, passed by the District Consumer Disputes Redressal Forum - II at Lucknow (for short the District Forum ) in Complaint Case No. 332/2011. By the said order, the District Forum, while accepting the Complaint filed by the Respondents herein, had directed the Petitioner Bank to pay to the Complainants a sum of Rs. 3,99,176/- within two months from the date of the said order along with interest @ 8% per annum for the period mentioned in the order, on account of deficiency on its part in clearing a cheque in the sum of Rs. 3,19,190/, by debiting the said amount to an independent overdraft account maintained by the Complainants with the Bank.

(2.) In nutshell, the occasion to file the Complaint arose because of the alleged deficiency on the part of the Petitioner Bank, which, instead of returning the cheque issued by the Complainants from the current account, as unpaid on account of insufficient funds in the said account, debited the said amount to another overdraft account, without any specific instructions to that effect.

(3.) When the case came up for consideration on 10.08.2016, learned Counsel appearing for the Bank had sought time to place on record the instructions, if any, issued by the Complainants, permitting the Bank to debit their overdraft account in the event of insufficient credit balance in the current account from where they had issued the cheque in question. Learned Counsel states that as per his instructions, no such instructions were issued by the Complainants to the Bank.