Present :  Sri A.K. Das,  President

                Smt. M. Roy,  Member

Order no.   28   dt. 14/09/2007

          The petitioner/complainant  has claimed compensation and direction upon the o.p. Allahabad Bank to credit a sum of Rs.1 lakh in the petitioner’s S.B. A/C alleging deficiency in service.

          It is alleged by the petitioner that on 22.3.01 she issued three a/c payee cheques Rs.1 lakh and Rs.50,000/- for payment of SBIMG-Magnum Monthly Income Plan-DP (monthly) and Rs.1 lakh for payment of Templenton Fund and Escorts Finance Ltd. Thereafter on 27.3.01 the petitioner gave instruction to his banker Allahabad Bank (o.p.) to stop payment in respect of cheque no.23087 dst.22.3.01 issued in favour of Templenton amounting Rs.1 lakh, but o.p. ignored that instruction in spite of receiving the aforesaid letter and paid the cheque amount to the aforesaid fund. Thereby the petitioner has demanded the aforesaid relief alleging deficiency in service since the o.ps. have not followed her instruction.

          The o.ps. have contested the consumer complaint and filed w/v contending interalia that they received the petitioner’s letter on 27.3.01 at about 13-15 hours meanwhile the said a/c payee cheques have been cleared and credited in the a/c of Templenton Fund prior to receiving the stop payment instruction. Therefore, there was no negligence or deficiency in service on their part.

          From the alleged dispute no deficiency in service could be attributed to the o.ps. for violation of the instruction of the petitioner. There is no material before us such instruction received by the o.ps. prior to clearance of the aforesaid cheque. Accordingly, the present consumer complaint is devoid of any merit. No relief could be awarded and it is liable to be dismissed.

          Hence,

                   Ordered,

          The present consumer complaint is dismissed on contest without cost.   

         Member                                                                  President