State Bank of Mysore vs R.SHIVAPRAKASH

THIS appeal, by the Opposite Party, is directed against the order dated 26.8.1993, passed by the District Forum, Tumkur, in Complaint No. DCFT/ 9/C/93 directing the Opposite Party to pay a compensation of Rs. 1,000/- and costs of Rs. 500/- to the complainant. The facts, briefly stated, are as follows:- 1. The complainant remitted a sum of Rs. 2,000/-on 5.12.1992 in the Tumkur Main Branch of the O.P. The State Bank of Mysore, for mail transfer to the A/c No. 1013 of 4th Block Branch of the same Bank at Rajajinagar, Bangalore-10. Thereafter on 19.12.1992 the complainant issued a cheque for a sum of Rs. 1,750/- to the Union Bank of India, City Branch, Avenue Road, Bangalore, for obtaining shares of Raipur Alloys and Steel Ltd., Nagpur. The said cheque came to be bounced.

THE complainant thereafter on 26.12.1992, went to Bangalore and made an enquiry in the 4th Block Branch, Rajajinagar, Bangalore and came to know that the said mail transfer was not received by the said Branch. On 28.12.1992, the complainant went to the Main Branch at Tumkur and made a complaint of this fact, where he came to know the said M.T., instead of being sent to 4th Block Branch, Rajajinagar, Bangalore, was sent to 1st Block Branch, Rajajinagar, Bangalore. The complainant further averred that when he again went to Bangalore on 1.1.1993 and made an enquiry with the First Block Branch, Rajajinagar, Bangalore, and there he came to know that the said M.T., was returned to the main Branch, Tumkur on 13.12.1992 itself as there was no such account in the said branch as referred in the mail transfer.

The complainant again went to Tumkur Branch on 5.1.1993 and on enquiry, the Opposite Party told him that it would be sent on the same day, to the 1st Block Branch, Rajajinagar, Bangalore. The said mail transfer was not sent even on 5.1.1993, but it was sent only on 8.1.1993. The complainant on the basis of these averments sought compensation from the Opposite Party stating that the services rendered by the Opposite Party were deficient in nature.

THE Opposite Party filed its version, admitted the fact that the complainant remitted a sum of Rs. 2,000/- on 5.12.1992 for mail transfer to the Account No. 1013 of 4th Block Branch, Rajaji Nagar, Bangalore. It also admitted that by mistake it was sent to 1st Block Branch, Rajajinagar, Bangalore. THE Opposite Party further admitted that the complainant made a complaint to the O.P. at Tumkur on 28.12.1992 regarding non-receipt of the said mail transfer at 1st Block Branch, Rajajinagar, Bangalore. It also admitted that it remitted the M.T. to the 1st Block Branch, Rajajinagar, Bangalore, only on 8.1.1993. THE Opposite Party on the basis of these averments urged that it was only an accidental mistake and so sought the complaint to be dismissed. During enquiry, the complainant examined himself as PW 1 and got Ex. P-l to P-3 marked in evidence. The Opposite Party examined the Deputy Manager of the O.P.-Bank, Tumkur as DW-1.

THE District Forum on consideration of this material placed on record by the parties, held that the services rendered by the O.P. were deficient in nature and there was a gross negligence on the part of the Opposite Party in not remitting the M.T. till 8.1.1993, when it came to know on 28.12.1992 itself that the M.T., had not reached to the account of the complainant at First Block Branch, Rajajinagar, Bangalore, and in that view awarded compensation in a sum of Rs. 1000/- and also costs of Rs. 500/- to the complainant. We have called for the records and received. We have also heard the parties, perused the material placed on record. It is an admitted fact that the complainant remitted a sum of Rs. 2,000/- in the O.P. Bank at Tumkur for mail transfer to the account No. 1013 of 4th Block Branch, Rajajinagar, Bangalore. The Opposite Party instead of sending the said M.T. to the 4th Block Branch, Rajajinagar, Bangalore, sent it to 1st Block Branch, Rajajinagar, Bangalore.

THE complainant has averred that the said M.T. was returned to the O.P.-Bank at Tumkur by the 1st Block Branch, Rajajinagar, Bangalore, on 13.12.1992 itself. THE Opposite Party has not placed any material to show as to on which date it actually received it. But it is an admitted fact that on 28.12.1992, the complainant made a complaint to the Opposite Party-Bank at Tumkur regarding the non-receipt of the M.T. Even then the Opposite Party did not remit the M.T. to the proper account till 8. .1993. THE complainant again went to the O.P.-Bank at Tumkur on 5.1.1993 and made a complaint. Only thereafter, the too only on 8.1.1993, the said M.T. was remitted to the proper account of the complainant. THEse facts clearly would go to show gross negligence on the part of the Opposite Party in rendering the services. So having regard to these facts, the District Forum, awarded compensation in a sum of Rs. 1,000/- and costs of Rs. 500/- to the complainant.

HAVING regard to these facts and under the circumstances of the case, we do not find any good ground to interfere in the order dated 26.8.1993, recorded by the District Forum, Tumkur, in Complaint No. DCFT/9/C/93. ORDER In the result, therefore, this appeal fails and it is dismissed. The parties are directed to bear and pay their own costs in this appeal Appeal dismissed.