FEDERAL BANK LTD Vs. PREM LATA

JUDGEMENT

(1.) The Federal Bank Ltd. , Alwaye, Kerala has come up in appeal against the order dated 19th May, 1995 passed by learned District Forum, Kurukshetra, whereby the complaint was allowed and the appellant-Bank was directed to refund the amount of Rs.4,500/- to the complainant.

(2.) The complainant had approached the District Forum with the grievance that the Federal Bank opposite party No.1 and the Dynamic Shares Services of Bombay-opposite party No.2 had not remitted the shares of Rs.4,500/- to the complainant even though the payment of the aforesaid amount has been sent by her vide DD No.7000473 dated 21st March, 1994 drawn on then Oriental Bank of Commerce, Ladwa. In support of her allegations the complainant produced letter from Canara Bank evidencing the remittance of Rs.4,500/- to the opposite party. In their reply, the opposite party pleaded that refund order for Rs.4,500/- had already been sent to the complainant by registered post and if the complainant had not received the same, they were not responsible for its mis-delivery and non-payment of the amount. The learned District Forum after examining the matter in detail accepted the complaint by issuing the following directions: "the opposite party No.1 is directed to refund the amount of Rs.4,500/- to the complainant with interest at the rate of 18% per annum from the date of application till the date of payment within two months. This Forum further awards a sum of Rs.1,000/- as compensation for the harassment caused to the complainant and further a sum of Rs.250/- as costs of the complaint. "

(3.) In the appeal before us, it was vehemently contended by Mr. S. K. Aggarwal and Mr. Amar Vivek, learned Counsel for the appellant-Bank, that the appellant had already made the payment to Prem Lata and if the recipient of the payment was by some other Prem Lata, the Bank should not be burdened with the liability twice over. It has further been contended by the learned Counsel that proper enquiry be made as to who had received the payment on behalf of Prem Lata by misrepresenting or otherwise. On the other hand, we nave gone through the affidavit filed by Prem Lata to the effect that she had not received any payment nor did she know as to who else had drawn the same as pleaded by the Bank. However, in order to ascertain the position, we issued the following order on 30th May, 1996: "after hearing the learned Counsel for the parties, we find that in order to adequately meet the interest of justice it would be necessary to ascertain from the Central Bank of India, Ladwa with regard to the particulars of the person, by the name Smt. Prem Lata, to whom the amount of Rs.4,500/- has been disbursed. Notice of this appeal to Central Bank of India, Ladwa branch through its Manager for 25th of September, 1996. In the meantime, the appellant Federal Bank Ltd. is directed to remit an amount of Rs.4,500/- through Bank draft to Smt. Prem Lata w/o Shri Roshan Singhal, r/o Ward No.1, near Civil Hospital, Dabur Colony, Ladwa, Distt. Kurukshetra, within two week from today. A copy of this order shall be given Dasti to the learned Counsel for the appellant for ensuring meticulous compliance of our order. " Thereafter on 25th September, 1996 Mr. K. K. Singhal, Sub-Accountant of the Central Bank of India, Ladwa branch appeared but no additional information was brought by him on record. On the other hand, Mr. S. K. Aggarwal, learned Counsel for the appellant has informed us that the payment of the amount of Rs.4,500/- had since been made to the complainant m compliance of our earlier order dated 30th May, 1996.