Punjab National Bank vs SATYENDRA KUMAR TIWARI

THIS is an appeal against the judgment and order dated 19.2.1997 passed by District Consumer Forum, Deoria in Complaint Case No. 312/1994.

THE facts of the case stated in brief are that the complainant has claimed a compensation of Rs. 1,50,000/- alongwith recovery of Rs. 15,000/- at the rate of 22% per annum interest and Rs. 1,000/- as Counsel fee. According to the complainant he deposited on 13.9.1991 with opposite party No. 1-Punjab National Bank, Station Road Branch, Deoria a draft for Rs. 15,000/- dated 22.8.1991 issued by Punjab National Bank, Kalwari Branch, Basti for depositing in saving bank account No. 7182. This amount was not credited to the account of the complainant and as his cheque of Rs. 2,000/- which was issued on 27.9.1994 was dishonoured on the ground that signatures of the complainant do not tally with the specimen signatures kept in the Bank on account of which the complainant suffered loss to his reputation.

Opposite party No. 1 in the written statement has admitted deposit of the draft and issue of the cheque for Rs. 2,000/- and dishonouring the same. It has been alleged that the account of the complainant is in the name of Dr. Satyendra Kumar Tiwari while the draft was issued in the name of Dr. S.K. Tiwari. The amount of this draft was deposited in the account of the complainant on 19.12.1994 after getting it re- validated. The cheque was dishonoured as the signatures of the complainant did not tally with the specimen signatures kept in the bank.

OPPOSITE party No. 2, Branch Manager, Gorakhpur Kshtriya Grameen Bank, Kachcheri Road, Deoria did not file any written statement. The learned District Forum after considering the evidence on record came to the conclusion that there was deficiency in service rendered by opposite party No. 1 appellant in favour of complainant and hence it awarded 12% interest on Rs. 15,000/- from 13.9.1991 to 19.12.1994. It also awarded damages of Rs. 15,000/- alongwith cost of Rs. 500/-. It was also ordered that if the amount is not paid within one month, then 18% per annum interest shall be payable.

AGGRIEVED against the order, the appellant has come in appeal and has challenged the correctness of the order passed by the District Forum. We have heard the learned Counsel for the parties." It is an admitted fact that the draft was deposited for encashment with the appellant on 13.9.1991 but the amount of the draft was not credited into the account of the complainant within a reasonable period after collecting the same from the issuing Bank. It was deposited after a gap of three years on 19.12.1994 and the amount was credited in his passbook. The case of the appellant was that as the draft was in the name of Dr. S.K. Tiwari, but the account was in the name of Dr. Satyendra Kumar Tiwari, hence the amount could not be credited into the account of the complainant. This plea is untenable and cannot be accepted even for a moment. This defence has been set up by the Bank only to explain the delay in crediting the amount in the complainant''s account. Even if the account was in the name of Dr. Satyendra Kumar Tiwari and there was a doubt to the Bank about the same, it should have got cleared from the complainant while issuing a letter to him. It is a definite allegation of the complainant that he had deposited the Bank draft in his own account. Therefore, there may not have been any possibility of depositing of the draft in the wrong account especially when the account number was not wrong. Whatever delay has happened in this case is because of callous attitude of the Bank officials. In view of this fact the findings of the learned District Forum on this point is perfectly justified and correct and it requires no interference.

LEARNED Counsel for the appellant has further argued that the damages of Rs. 15,000/- awarded to the complainant are on the higher side. Keeping in view the facts of the case we also feel that the damages are on the higher side because the complainant has been compensated for the loss of interest and he is merely to be compensated for loss of reputation which in our opinion can be adequately compensated by grant of Rs. 5,000/- only.

THUS in view of the above discussion, the judgment of the learned District Forum is to be modified to this extent only. ORDER The damages awarded by the learned District Forum at Rs. 15,000/- is reduced to Rs. 5,000/- and the complainant will get a sum of Rs. 5,000/- from the appellant. The judgment and order of the learned District Forum shall stand modified accordingly. Rest of the judgment is confirmed. The appellant shall pay a sum of Rs. 2,000/- as cost of this appeal to the complainant Let compliance of this order be made within two months from the date of this order. Let copy of this order be made available to the parties as per rules. Appeal partly allowed.