ICICI BANK LTD. SCO Vs. RAVI KANT (THROUGH LRS) & ANR. THROUGH HIS LR SMT RAJ KUMARI ( MOTHER) 221R NEW COLONY PALWAL, TEHSIL PALWAL PALWAL HARYANA

JUDGEMENT

(1.) - For the reasons stated in the application for condonation of delay, the delay of one day, is hereby condoned. Challenge in this Revision Petition under Sec. 21(b) of the Consumer Protection Act, 1986 (in short, "the Act ") is to the order dated 22.11.2012 passed by the State Consumer Disputes Redressal Commission, Haryana, Panchkula (in short, "the State Commission ") in FA No.1747/2011. By the impugned order, the State Commission, while confirming the order of the District Forum, only reduced the rate of interest from 12% p.a., to 9% p.a. and set aside the default interest of 18% p.a.

(2.) The facts material to the case are that the Complainant deposited an Account Payee Cheque with the first Opposite Party, i.e., State Bank of India (herein after referred to as "SBI "), bearing No.298731, dated 22.11.2006 for Rs. 1,37,500.00 on 27.11.2006, drawn by the Second Opposite Party Bank, i.e., ICICI Bank (hereinafter referred to as "ICICI Bank "). After depositing of the cheque, the Complainant made numerous visits to SBI and enquired about the status of his cheque and was informed that the Cheque would be credited in a few days as the same was under process. On 20.01.2007, the Complainant was informed that his cheque was lost in transit. On hearing the same, as a matter of abundant precaution, the Complainant immediately approached ICICI Bank to "stop payment " of the aforesaid cheque. But to his surprise, the Complainant was informed by ICICI Bank vide letter dated 25.01.2007 that the aforesaid cheque has already been debited from the account of one Mr. Mahender Pahuja and was credited to some other person in Central Bank of India, Faridabad, on 30.11.2006. It is averred that both the Banks were guilty of deficiency in service as SBI informed that the cheque was lost in transit while ICICI Bank credited the cheque on 30.11.2006 in the account of some third-party. Hence the Complaint seeking direction to both the parties to refund Rs. 1,37,500.00 which is the cheque amount with interest @ 18% p.a., together with compensation of Rs. 50,000.00 and other costs.

(3.) The SBI filed its Written Version stating that a cheque for Rs. 1,37,500.00 was deposited for collection and the same was drawn on ICICI Bank and that the said cheque was sent for collection to the Drawee Bank - i.e., ICICI Bank, as per the procedure, but they did not get any information regarding its credit in the account of the Complainant and SBI admitted vide letter dated 20.01.2007 that the cheque was lost in transit. Later, ICICI Bank confirmed that the said cheque was received by them and that it has been credited in an account with the Central Bank of India, Faridabad. It is averred that ICICI Bank should have credited the cheque in the account of the Complainant and that deficiency, if any, is to be attributed to the Second Opposite Party, i.e., ICICI Bank and not to them.