LAWS(NCD)-2019-9-61

CANARA BANK Vs. BRIJESH SHARMA

Decided On September 20, 2019
CANARA BANK Appellant
V/S
Brijesh Sharma Respondents

JUDGEMENT

(1.) For the reasons cited in the Affidavit the delay of 46 days in filing the present First Appeal is sufficiently explained and is condoned.

(2.) Aggrieved by the order dated 09.04.2019 in Complaint Case No. CC/13/33 passed by the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Nagpur (for short the State Commission ), Canara Bank (hereinafter referred to as the Bank ) preferred the present First Appeal under Section 19 of the Consumer Protection Act, 1986 (for short the Act ). By the impugned order, the State Commission has allowed the Complaint directing the Bank to refund all the amounts which had been withdrawn on the basis of four subject cheques total amounting to Rs.18,45,000/- within 30 days from the date of the order along with interest @ 6% p.a. from the date when the amount was withdrawn till the date of credit of the same in the Saving Bank Account of the Complainant. It was also ordered that in the event of non-crediting of the amount within the stipulated period of 30 days, then the awarded amount would carry interest @ 9% p.a. instead of 6% p.a. A sum of Rs. 25,000/- towards compensation along with Rs.10,000/- towards costs of litigation were also awarded.

(3.) Briefly stated the facts of the case are that the First Complainant, a doctor by profession, and a resident of United Kingdom since 2010 and the Second Complainant, his wife, a resident of Nagpur, had a joint Savings Bank account bearing No. 1404101011476 with the Bank at its Ramdrashpeth Branch, Nagpur since 15 years. The Bank had issued a cheque book containing cheques from Sl. No. 789761 to 789780 in the month of April, 2011. It is averred that out of the said cheque book, Complainants had used some cheques. On 15.03.2012 the Second Complainant received a phone call from the Chief Manager of the Bank who informed her that one cheque had come for clearing from the account of the Complainants and that there was some discrepancy in the said cheques. He asked the Second Complainant as to whether to clear the said cheque or not. Second Complainant informed the First Complainant who called the Chief Manager of Bank from England and informed him that he did not issue any such cheque. Then the Manager informed him that even before that instance, four cheques had already been cleared from the Complainants account. The First Complainant requested the Bank Manager to send him the statement of his account. However, it was not sent. On account of this incident the First Complainant had to come from England to Nagpur on 19.03.2012. He was provided the account statement which showed the following transactions through cheques in his account:-