STATE BANK OF BIKANER AND JAIPUR Vs. PURUSHOTTAM

JUDGEMENT

(1.) THIS appeal has been filed by the appellant bank SBBJ against the order dated 25. 5. 2007 passed by the District Forum, Rajsamond in complaint case No. 63/05, by which the complaint of the respondent was allowed against the appellant in the manner that the appellant-bank was directed to pay a sum of Rs. 50,000 to the complainant-respondent and further to pay Rs. 500 as amount of cost and Rs. 500 as amount of compensation for mental agony, with interest @ 9% p. a.

(2.) IT arises in the following circumstances: that the complainant-respondent had filed a complaint against the appellant before the District Forum on 17. 6. 2005 and amended on 29. 10. 2005 inter alia stating that the complainant-respondent had paid Rs. 50,000 to one Radha Kishan and in lieu of that Radha Kishan had issued a cheque No. 569262 for a sum of Rs. 50,000 of SBBJ, Branch Nathdwara payable to the complainant-respondent. It was further stated in the complaint that the said cheque was presented by the complainant-respondent with the appellant bank for encashment on 9. 2. 2005 but the payment of that cheque could not be made to the complainant-respondent and the cheque was lost in transit.

(3.) THERE is no dispute on the point that the appellant-bank had issued a certificate that the cheque in question had been lost in transit and thus certificate of non-payment of that cheque was also issued by the appellant-bank in favour of the complainant-respondent. It was further stated in the complaint that Radha Kishan had refused to issue another cheque, therefore, the present complaint was filed against the appellant-bank.