State Consumer Disputes Redressal Commission
S. Dutta vs Managing Director Sbi on 27 March, 2008
MIZORAM STATE COMMISSION Appeal(A) A/07/18 Of 2007 S MIZORAM STATE COMMISSION Appeal(A) A/07/18 Of 2007 S. Dutta Complainant Versus Managing Director SBI Respondent For Complainant R.Laltanpuia For
Respondent This appeal is against the Judgment and Order Dt.24.8.07 passed by the District Forum,Aizawl thereby closing the case holding that the matter involved in the case had been decided by the Addl.Session Judge Fast Track Court, Aizawl. 4(four) cheques bearing No.1) C.977131 Dt.18.12.98, 2) C.977331 Dt.28.12.98, 3) C.958565 Dt.26.2.99, 4) C.978334 Dt.30.3.99. were issued in the name of the appellant and these cheques were presented to the Treasury Officer at Aizawl who passed these cheques and ultimately these cheques were forwarded to the State Bank of India Main Branch Aizawl for crediting to the current account No. of the appellant bearing No.12/1788. However, when the complainant/appellant approached the Bank for drawing the money it was learned and found out that the entire amount being Rs.10,43,393 which was to be credited to his account had been wrongly and unlawfully given away to one Lalbiakengi who was also having an account being No.11/1738 in the name of M/s United Enterprise. In this regard, the appellant filed FIR being No. 144/2000 of Aizawl Police Station. Besides this, the matter was taken up by the higher authority of the Bank and an inquiry was made and in addition to this the manager of SBI also lodged another FIR being No.112/2000 at Aizawl Police Station. Both the FIR cases were investigated jointly and charge-sheet was submitted against 8 accused persons and ultimately the trial was conducted by the Fast Track Court, Aizawl in criminal case No.377 of 2000. the case was disposed of by Judgment Dt.23.5.07 in which the accused Lalbiakengi pleaded guilty to the charged u/s 420 IPC and the learned Fast Track Court convicted her but all the other co-accused persons were discharged and the convicted accused was also a released under section 360 Cr.Pc. we reproduce the operative portion of the Judgment. In case of the accused Lalbiakengi charge u/s 420. IPC is read over and explained to her in the language known to her, i.e. Mizo language to which she pleaded guilty partly to the charge u/s 420 IPC. On her own plea of guilt I convict the accused Lalbiakengi u/s 420 IPC. However, as regard the sentence, I find it appropriate to invoke section 360 Cr.Pc. in view of the circumstances in which the offense was committed and also due to the fact that the present case in the first case of conviction against the accused and the case being a respectable member of the society. As such it is directed that the accused will sign a bond undertaking to satisfy the total amount of Rs.10,43,393 (Rupees ten lakhs forty three thousand three hundred and ninety three) only to the proprietor, M/S trading Enterprise in monthly installment of Rs.15,000(Rupees fifteen thousand) only every month w.e.f. July, 2007. Payment should be made before the 15th day of every month continued every month till full and final realization. In default of payment by the accused, the case will revived and sentence will be passed accordingly. The deposit will be made directly to SBI main branch, Aizawl and a copy of the Challan be sent to this Court. Case stands disposed off. Give copy to the parties. In view of the above Judgment of the Fast Track Court, the complaint before the District Forum was closed. We have heard Mr.Michael Zothankhuma Adult assisted by R.Laltanpuia the appellant M.r.M.M.Ali, Perused the records including the record of the District Forum. In the written objection of the respondent it has been admitted that in the departmental enquiry conducted by the office of the Bank it was found that the two cheques being were entered in the account No.11 of 1738 of M/S United Enterprise by forging the names and by overwriting the name of M/S United Enterprise and in respect of the cheques being No.3 and No.4.at the proceeds of the cheques in the name of Mr.Dutta were converted to two separate bankerscheques altogether amounting to Rs 1,91,858 ( Rupees one lakh, ninety one thousand, eight hundred fifty eight) only was received by the said Biakengi. Thus it is clear admission from the side of the opposite party/respondent. From the records it has been revealed and as admitted to by the senior Officers of the SBI we may also take that the whole amount in the four cheques were not credited in the account of the appellant due to some unlawful act committed by the staff of SBI to enable the said Smt.Lalbiakengi to swindle the entire money. Thus we are of the opinion that there has been deficiency of service on the part of the SBI. Now what should be the proper relief that may be granted to the appellant. Here it is to be mentioned that without making any comment to the Judgment passed by the Fast Track Court we ascertained from the Learned Counsel of the appellant that nothing has been received from Ms Lalbiakengi. In respect of the impugned Judgment passed by the District Forum it is to be set aside and accordingly it is set aside. The learned District Forum should not have closed the Consumer Disputes pending it/ Forum on the basis of a statement made in the judgment of a criminal court for the purpose of disposal of criminal case before it. Accordingly the appeal is allowed and it is ordered that the respondent Bank do pay a sum of Rs. 10,43,393 (Rupees ten thousand, forty three thousand, three hundred ninety three) only to the appellant within a period of one month from to day. If the amount is not Paid with the said period the amount shall carry interest at the rate of 12 percent p.a. Further, the respondents also do pay the respondent a sum of Rs. 20,000 as compensation and another sum of Rs. 5,000 as costs.