State Consumer Disputes Redressal Commission
Pradeep Swami vs Branch Manager, Bank Of India & Others on 14 November, 2007
FA 143 of 2007 FA-106 of 2007 Pradeep Swami .vs. Branch Manager, Bank of India & others 12. 14.11.07 This appeal is directed against order dated 4.2.1998, passed by District Consumer Disputes Redressal Forum, Chatra, in Consumer Complaint no.5 of 1996. Initially the appeal was initially filed before Bihar State Consumer Disputes Redressal Commission at Patna and was registered as FA-117 of 1998. After bifurcation of erstwhile Bihar State and on establishment of Jharkhand State Consumer Disputes Redressal Commission at Ranchi, the said appeal was transferred from Patna to Ranchi and here it has been registered as FA 106 of 2007. Inspite of notice, appellant failed to appear and/or file fresh Vakalatnama. The respondent- Bank of India, appeared through M/s B.K.Pathak and Akhauri Pratik, Advocates and filed brief of
written arguments.
The complainant is appellant. He had no account in Bank of India. However, there was a loan account in the name of M/s Deep Jyoti with the said Bank at Chatra. Complainant had a current account no.205 in Hazaribagh Central Co-operative Bank Ltd., Chatra. Divisional Manager, Minor Forest Produce Project had issued two cheques dated 22.5.1995 and 6.6.1995 in favour of the complainant, which he deposited with his banker- Co-operative Bank on 14.6.1995 for collection from the Bank of India, Chatra. The cheques were forwarded accordingly for collection but the Bank of India did not honour those cheques and returned on 21.7.1995 after canceling them. The complainant was defaulter in respect of cash credit loan account aforesaid in the name of M/s Deep Jyoti, of which he was the sole proprietor and as per the agreement, Bank of India had right to set off amount of cheques issued in the complainants name.
The complainant filed complaint before the District Consumer Forum for compensation of Rs. two lacs payable from Bank of India for not honouring his cheques sent for collection by his banker against outstanding balance as on 21.7.1995 of the cash credit loan account of M/s Deep Jyoti.
The District Consumer Forum observed that Bank of India showed good gesture, in the aforesaid circumstance, by not setting off the amount of those cheques and instead returning the same to the complainants Banker. Hence, Bank of India cant be held responsible for the complainant not being able to draw the amount. The complaint was, therefore, dismissed as against Bank of India. Minor Forest Produce Project was also said to have not committed any fault in this regard and was, therefore, not liable to pay any compensation to the complainant. However, direction was given to the Divisional Manager, Minor Forest Produce Project to transfer sufficient amount from its account in Bank of India to its account in SBI, Chatra Branch and issue fresh cheque in favour of the complainant.
In such circumstance, we find no illegality or irregularity in the impugned order and no interference is required therein. There is no merit in this appeal. It is dismissed. No costs.
Member President