STATE BANK OF HYDERABAD Vs. JARNAIL SINGH

JUDGEMENT

(1.) THE complainant had approached District Forum on account of the opposite party -Bank namely, the petitioner in this revision, adjusting Rs. 1,00,000 alleged to have been paid in excess than what was due. The same was sought to be adjusted against Special Term Deposit Account No. 0129 -2005572. The District Forum vide order dated 10.8.2006 held that the matter required elaborate evidence and going into the account in order to determine as to whether two FDRs were issued against single deposit by mistake and whether payment of both the FDRs was made to the complainant and that the matter could not be decided by filing mere affidavits. The Consumer Forum, therefore, held that the matter can be thrashed in the Civil Court as a result of which, the complainant was asked to approach to the Civil Court. Likewise, it was observed that the opposite party may also approach the Civil Court for having made double payment. The said order was challenged by the complainant before the State Commission.

(2.) THE State Commission allowed the complaint after accepting the submissions made by Counsel for the appellant to the effect that the Bank could not withhold the amount of Special Term Deposit Account No. 0129 -2005572 for Rs. 1,00,000 on the ground that the Bank had issued two special term deposit receipts given for renewal on 21.11.2001 and payment had been made by mistake on 2.8.2003. The appellant had denied double payment. The State Commission held that:

(3.) WE have heard learned Counsel for the petitioner and the complainant who appeared in person. Learned Counsel for the petitioner submitted that the Bank had filed an affidavit stating that one FDR was renewed twice and the renewal on the second occasion was by mistake.