KANHAIYA TIWARI Vs. MANAGER, STATE BANK OF INDIA

JUDGEMENT

(1.) This revision petition is filed under Sec. 21(b) of the Consumer Protection Act, 1986 against the order dated 17.8.2016 passed in first appeal No. 203 of 2011 by Bihar State Consumer Disputes Redressal Commission, Patna (hereinafter referred as 'the State Commission') whereby the State Commission allowed the appeal of the bank holding that there was deficiency on the part of the Bank and at the time of limitation, filing the time barred complaint.

(2.) The brief facts are that the complainant, Kanhaiya Tiwari, received a cheque from LIC for the amount of Rs.7040.00 which he deposited in his S/B account at State Bank of India (OP) on 15.6.2007. The bank credited the same in his account on next day. On 19.6.2007, he withdrew Rs.7,000.00 from his account. In the meantime, the son of the complainant sent Rs.14,500.00 to the complainant's account upon which the complainant visited the bank for withdrawing the same amount but it was learnt that the OP/Bank debited the cheque amount of Rs. 7040.00 from Rs.14,500.00. The complainant enquired the matter with the Bank officials. They told that the amount was debited towards the loan which he availed and the bank has deducted the same without any interest. Upon further inquiry, the bank officers told that LIC's cheque was unpaid. Therefore, they have deducted the cheque amount of Rs.7040.00. The complainant and his son asked the bank to return the cheque, which was unpaid but at the pretext of one or the other, the bank never returned the cheque and the bank officials scolded the petitioner and his son.

(3.) Due to illiteracy of the complainant, the complainant failed to file a complaint within two years. The complainant filed a complaint before the District Consumer Disputes Redressal Forum, Siwan (in short, 'the District Forum') seeking compensation of Rs. 1 lakh. The OP resisted the complaint and took the main ground that the complaint was filed after considerable delay. It was beyond the period of limitation. The District Forum held the Bank guilty for deficiency in service and allowed the complaint directing the OP to pay a sum of Rs. 7040.00, the cheque amount along with Rs.5,000.00 as a compensation and Rs.2,000.00 as a costs.