SHAKUNTALA HANDLOOMS Vs. DENA BANK

JUDGEMENT

(1.) In this matter the State Commission set aside the order passed by the District Forum taking into consideration that though the Postal Department initially had taken a stand that the registered letter had been delivered to the addressee but ultimately their stand was that the registered letter had not been delivered to the addressee, the petitioner Bank.

(2.) It may be stated that the complainant/appellant had sent consignments of the value of Rs. 2,02,336 on 10.4.1997 of handloom sarees to M/s. Bhagawati Saree Emporium, Gowri Chowk, Patna through M/s. Economic Transport Organization, Patna. The documents were sent through Dena Bank, Coimbatore to ensure payment. Neither the amount was credited nor the documents were returned. When the complainant/petitioner wrote letters dated 27.5.1997 and 2.6.1997, it was transpired that registered letter No. R/1 924 addressed to the Central Bank of India. Patna had been delivered at Jagadamba Vastralaya at Fatehpur, EDSO, Patna on 28.4.1997. As such, the documents did not reach to the Manager, Central Bank of India, Guljani Bagh, Patna.

(3.) There is no dispute about the fact that not only the Dena Bank received papers but also sent by registered post No. 924 on 22.4.1997 through Head Post Office, Coimbatore to the Manager, Central Bank, Guljani Bagh, Patna. According to the case of the respondent, Dena Bank, it was a matter of police investigation ascertaining whether the alleged endorsements of Central Bank, Guljani Bagh, Patna on the lorry receipts were genuine or forged. This question could not be taken up and decided by the Consumer Forum. As such, the investigations were beyond the jurisdictions of the District Forum.