STATE BANK OF INDIA Vs. CITIZEN PROTECTION FORUM

JUDGEMENT

(1.) Brief facts of the case are that Ravi Khanna, sole proprietor of Sunshine Industrial had two accounts in the State Bank of India, Industrial Complex, Nangloi, Delhi. One was current account No.3/486 and the other was a loan account having a certain cash credit limit. One Group Housing Cooperative Society called DSIDC Friends Cooperative Housing Society Ltd. also had an account with the said branch of the Bank. Ravi Khanna, aforesaid, was an office bearer in the Management of the said Cooperative Society at the relevant time. On 22.5.90, Ravi Khanna issued a cheque for Rs.30,000/- in favour of the aforesaid Cooperative Society. The amount was credited to the account of the Society and debited to the account of Mr. Ravi Khanna. Later on, it came to the notice of the Bank that the two accounts, namely the current account and the cash credit account, had been amalgamated by a decision of the Bank dated 22.5.90. As a result of the amalgamation, there was no balance left to the credit of Mr. Ravi Khanna as the cash credit account had been over drawn. Accordingly, the bank made a reverse entry dated 3.6.90 debiting the amount of the cheque of Rs.30,000/- in the account of the Society.

(2.) The complaint from which the present appeal has arisen was instituted by Citizen Protection Forum and it was contested by the Bank. The District Forum-II, by its order dated 22.4.94, allowed the complaint and directed the Bank to pay to the Cooperative Society Rs.30,000/- with interest @ 15% p. a. from 2.6.90. Aggrieved by the order, the Bank has preferred this appeal. Reply has been filed by the respondent alongwith affidavit of one Ravinder Khanna.

(3.) We have heard Mr. S. L. Gupta, Advocate for the appellant and Mr. Rajiv Vig, Advocate for the respondent.