CANARA BANK Vs. M RAMAJEYAM

JUDGEMENT

(1.) THE first opposite party in C. O. P. No. 51 of 2001 on the file of the District Forum, Nagapattinam is the appellant herein.

(2.) THIS is a case where the complainant sought to take advantage of a mistake committed by the Bank in crediting his account with the value of a demand draft standing in somebody else's name. The complainant had an S. B. Account with the opposite parties. One Pandarinathan had borrowed a loan from the complainant and he had given a demand draft drawn in his favour for Rs. 20,000. According to the complainant, the said demand draft was not crossed nor was there endorsement A/c payee. The said demand draft was presented on 30. 11. 2000. The challan was filled up by the security of the Bank. The amount was not credited in the account of the complainant. Attributing deficiency in service, the complaint came to be filed.

(3.) THE first opposite party filed a version which was adopted by the other opposite party. The demand draft was drawn in the name of Pandarinathan and account payee endorsement was found in the said demand draft. It was presented for collection and after realising the proceeds, it came to the notice of the Bank that the demand draft was not drawn in favour of the complainant. The amount was kept in suspense account. There was no deficiency in service.