HEM RAJ GUPTA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 4.5.2015 passed by the H.P. State Consumer Disputes Redressal Commission, Shimla (in short, 'the State Commission') in Appeal No. 343/2014 State Bank of India Vs. Hem Raj Gupta by which, while allowing appeal, order of District forum allowing complaint was set aside.

(2.) Brief facts of the case are that Complainant/Petitioner had an account with OP/respondent. On 24.6.2009, complainant deposited cheque of Rs.9,50,000/- in his account and OP immediately credited aforesaid amount in his account. In July, 2009, when complainant received statement of account from OP, he came to know that entry of Rs.9,50,000/- had been reversed. Repeatedly complainant requested OP orally as well through writing to credit the amount or to explain cause of debit entry, but no response was given. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that complaint was barred by limitation. It was further submitted that aforesaid cheque was pertaining to M/s. Mona Enterprises, who was also their customer approached employees of OP and told that cheque had been stolen from their premises. Partner of M/s. Mona Enterprises visited bank along with complainant on that very day and complainant withdrew cheque agreeing to destroy the same, so, debit entry was made. Denying any deficiency on their part, prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs. 9,50,000/- with 9% p.a. interest and further directed to pay Rs.10,000/- as compensation and Rs.4,000/- as cost of litigation. Appeal filed by OP was allowed by learned State Commission vide impugned order against which, this revision petition has been filed along with application for condonation of delay.

(3.) As there is delay of only 10 days in filing revision, delay stands condoned for the reasons mentioned in the application.