State Consumer Disputes Redressal Commission
Hdfc Bank Ltd. vs Jai Bhagwan on 13 March, 2008
IN THE STATE COMMISSION: DELHI IN THE STATE COMMISSION: DELHI (Constituted under section 9 clause (b) of the Consumer Protection Act, 1986.) Date of decision :13.3.2008 Appeal No. A-08/66 (Arising from order dated 22.11.2007 passed by the District Forum-III, Janak Puri, Delh in Compliant case No. C-423/07 HDFC Bank Ltd. 9th Floor, J-Block, Community Centre, Rajouri Garden, New Delhi ..Appellant Through Sh. Navdeep Singh , Advocate Versus Sh. Jai Bhagwan 995/66, Talab Road, Tri Nagar, Delhi ..Respondent CORAM Justice J.D. Kapoor President Ms. Rumnita Mittal Member1
Whether reporters of local newspapers be allowed to see the Judgement.
2. To be referred to the Reporter or not.
Justice J.D. Kapoor (Oral)
1. Vide impugned order dated 22nd November, 2007m appellant-bank has been directed to refund Rs. 57,754/- by way of encashment of three cheques issued by the respondent towards loan which was sanctioned but was not disposed and Rs. 7000/- as compensation including cost of litigation.
2. Feeling aggrieved, the appellant has preferred this appeal.
3. The impugned order is an ex-parte order and has been passed on the basis of the affidavit of the respondent that the appellant has dishonestly encashed some cheques without any reason having been disposed loan amount though at the time of sanction of loan had received cheques.
4. At the outset, the learned counsel assailed the veracity of the version of the respondent as of the three cheques were dishonhoured and one cheque was never handed over and only one for the amount of Rs. 9511/- towards processing charges was encashed.
5. In view of the aforesaid version and the statement of the learned counsel made before us, we allow the appeal, set aside the impugned order and send back the matter to the District Forum for deciding it afresh after giving reasonable opportunity tot he appellant of being heard to put up his version and evidence.
6. Appellant shall appear before the District Forum on 15th April, 2008.
7. F.D.R./ Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.
8. A copy of this order as per statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to the record room.
Announced on the 13th March, 2008.
(Justice J.D. Kapoor) President (Rumnita Mittal) Member rk