VIJAYA BANK Vs. POOJA G JOSHI

JUDGEMENT

(1.) PRESENT Appeal challenges order dated 1. 10. 2003 passed by the State Consumer Disputes Redressal Commission, Maharashtra, Mumbai (hereinafter referred to as the State Commission for brief) in Complaint No. 394 of 2000. By the impugned order, the State Commission has directed the appellant bank to give credit and pay a sum of Rs. 5 lakh to the respondent complainant with interest at the rate of 7. 5% per annum with effect from 3. 6. 1997 till its realization. Compensation quantified at Rs. 1 lakh has also been awarded.

(2.) THE respondent operates a Saving Bank Account (hereinafter referred to as the SB Account for short) No. 22305 with the appellant. In addition, the respondent operates two Current Accounts with the appellant, i. e. , Current Account No. 2297 in the name of M/s. Design Deals, of which respondent is the proprietor and Current Account No. 2593 in the name of M/s. Salsun Exports (P) Ltd. , of which respondent is the Director.

(3.) IT was averred in the complaint that the respondent had deposited a sum of Rs. 5 lakh in the SB Account No. 22305 by filling in the printed pay-in-slip issued to her by the bank in the bound book. The then Chief Manager of the bank accepted the cash and in token thereof put his initial/signature on the counter-foil and also stamped it with the rubber stamp of the bank. It was averred that the amount was paid to the Chief Manager of the bank as at that time, the cashier was not available at the cash counter. In support of the said deposit, she produced the counter-foil of pay-in-slip bearing the date as 3. 6. 1997. It was averred that on such deposit being made, the respondent expected the appellant to process the matter further as per banking business by crediting the said amount into her account. However, in August 1998, the respondents Chartered Accountant, to whom the relevant papers had been handed over for the purpose of filing the income-tax return, brought to her notice the non-credit of Rs. 5 lakh by the bank into the respondents account. The respondent, thereafter, took up the matter with the bank and enquired about the credit entry of Rs. 5 lakh missing from her account. She also sent a letter dated 15. 9. 1998 addressed to the bank along with xerox copy of the counter-foil in respect of the deposit of Rs. 5 lakh. The appellant, by its letter dated 16. 9. 1998, acknowledged the respondents letter dated 15. 9. 1998 and stated in its reply that the transaction of the deposit did not pertain to the cash transaction referred to by the respondent in the counter-foil of pay-in-slip dated 3. 6. 1997 and called upon the respondent to prove the original challan. The respondent sent rejoinder to the said letter as also further reminders dated 3. 3. 2000 and 29. 6. 2000, to which the appellant sent reply dated 3. 7. 2000 confirming the fact that the acknowledgement appearing in the counter-foil of the pay-in-slip was that of the then Chief Manager, Mr. Rajiv Shetty, but did not explain of non-credit of the said amount in her account. All this correspondence has been put on record.