STATE BANK OF INDIA Vs. MUNTHA LAKSHMI KUMARI

JUDGEMENT

(1.) STATE Bank of India, ADB, Karempudi (hereinafter referred to as petitioner for short) has filed the present Revision Petition assailing the Order dated 21.6.2004 passed by the A.P. State Consumer Disputes Redressal Commission, Hyderabad (hereinafter referred to as the the State Commission for short) where under and by which the State Commission has upheld the Order passed by the District Consumer Disputes Redressal Forum, Guntur (hereinafter referred to as the District Forum for short). The District Forum by its Order had directed the petitioner to pay the cheque amount of Rs. 20,000 along with interest @ 12% from the date of presentation of the cheque, i.e., 21.9.1996 till its payment. Rs. 200 were awarded as costs.

(2.) SHORTLY stated, the facts of the case are:

(3.) RESPONDENT -claimant (hereinafter referred to as respondent for short) had a bank account with ADB, Karampudi Branch, Guntur District of the petitioner -Bank. On 21.9.1996, the respondent deposited a cheque bearing No. 6500454 for Rs. 20,000 drawn on State Bank of Hyderabad, Miryalaguda with the petitioner -Bank. Petitioner sent the cheque for collection to the State Bank of India, Miryalaguda on 23.9.1966 through courier agency, viz., The ANL Parcel Services. The envelope carrying the cheque was lost in transit between Karampudi and Miryalaguda. Petitioner, by its letter dated 10.1.1997 (copy of which was endorsed to the respondent), asked the courier agency to locate the cover containing the cheque. The courier agency, by its letter dated 13.1.1997, reported that the cover had been misplaced. Subsequently, the respondent was orally requested to obtain a duplicate cheque from the drawer of the cheque. Without making any effort to obtain the duplicate cheque from the concerned drawer, the respondent filed the complaint against the petitioner -Bank before the District Forum, Guntur praying for a direction to the petitioner to pay the cheque amount along with interest @ 24% from the date of deposit. Rs. 10,000 were claimed towards costs. The District Forum allowed the complaint and directed the petitioner to pay the sum of Rs. 20,000 along with interest @ 12% from the date of presentation of the cheque, i.e., 21.9.1996 till its payment. Petitioner being aggrieved filed the appeal before the State Commission, which has been dismissed by the impugned Order.