BRANCH MANAGER, BANK OF BARODA PADMANABHPUR BRANCH Vs. KRANTI KUMAR YADAV & ANR S/O JAGDISH YADAV; BRANCH MANAGER, IDBI BANK, BRANCH DANI BUILDING POLSAI PARA

JUDGEMENT

(1.) The complainant/respondent no.1 was having an account with the petitioner Bank of Baroda. He deposited a cheque of Rs.2,40,000/- with the bank. Since no intimation about dishonour of the cheque was received by the petitioner bank, from the drawer's bank, namely IDBI Bank, its amount was credited in the account of the complainant/respondent. The complainant/respondent withdrew Rs.53,000/- from his account. Thereafter, he issued a cheque drawn on Bank of Baroda which was dishonoured for want of sufficient funds in his account. Being aggrieved, he approached the concerned District Forum by way of a consumer complaint.

(2.) The complaint was resisted by the petitioner bank primarily on the ground that since the cheque of Rs.2,40,000/- was dishonoured when presented to the draweee bank, the amount of the cheque was rightly debited in the account of the complainant. As a result, there was not sufficient fund left in the account for honouring the cheque issued by the complainant. It was also stated in the reply filed by the petitioner bank that there was delay on the part of the drawer's bank in intimating the dishonor of the cheque of Rs.2,40,000/- to the petitioner bank which had resulted in the amount of the said cheque being credited to the account of the complainant.

(3.) The District Forum having dismissed the complaint, the complainant/respondent approached the concerned State Commission by way of an appeal. Vide impugned order, the State Commission allowed the appeal. Being aggrieved from the order of the State Commission, the petitioner Bank of Baroda is before this Commission by way of this revision petition.