MEGHALAYA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
SHILLONG
F.A No.4 of 2022
BEFORE
Hon’bleMr.Justice(Retd) S.Pandey PRESIDENT
Learned Member : Shri W.Khyllep
Learned Member : Shri C.P.Marak
Learned Member : Shri W.Synrem
Learned Member : Dr. G.B.M Mihsill
M/S Baba Vishwanath Company,
435, Bara Bazar Shillong – 793002
District East Khasi Hills, Meghalaya,
Represented by its proprietor Shri Kishanlal Sharma
...Appellant
-versus-
1. Allahabad Bank
Netaji Subhash Road, Kolkatta – 700001,
West Bengal,
Represented by its Chairman and Managing Director
2. The Deputy General Manager,
Zonal Office, Allahabad bank,
G,S. Road, Gwahati
3. The Branch Manager,
Allahabad bank,
Bara Bazar, Shillong – 793002
East Khasi Hills, Meghalaya
...Respondent
For the Appellant : Smti Meena K. Sah, Advocate
For the Respondent : Dr. Tilak Das Gupta
Advocate
Date of Judgement& Order :17.11.2022
Whether to be reported :
Heard Mrs. Meena K Sah, learned Counsel for the Appellant and Shri. Dr. Tilak Das Gupta learned Counsel for the Respondent Allahabad bank, at present Indian Bank.
In the present case, this Appeal has been filed against the Judgment and Order dated 19.05.2022 in Complaint Case No. 41 of 2008 whereby and hereunder the District Consumer Redressal Commission, East Khasi Hills dismissed the Complaint Case on the ground of non- disclosure of relevant material facts placing reliance on the Judgement, K.D. Sharma Vrs Steel Authority of India Ltd. (2008)12 SCC 418.
“ The brief fact of this Appeal is that M/S Baba Vishwanath, Shillong informed the Shillong Branch of Allahabad Bank (Respondent) vide letter dated 22.02.2006 that a cheque bearing No. 525959 was lost, accordingly, requested for issuing instruction to the Branch to take necessary steps to stop payment of the cheque. The said cheque was later on presented through clearing on 13.09.2007 by Syndicate Bank, Shillong and the amount was credited to the account of Mr. C.C Foods Nepal Pvt. Ltd. for Rs. 9,50,438/-(Rupees Nine lakhs fifty thousand four hundred and thirty eight).The Allahabad Bank, Shillong had addressed a letter to the Standard Chartered Bank, New Delhi on 18.09.2007 related to the cheque amounting to Rs. 9,50,438/-(Rupees Nine lakhs fifty thousand four hundred and thirty eight)presented to the Syndicate Bank, Shillong branch for collection and was cleared on the 13.09.2007. Allahabad Bank in its letter dated 18.09.2007 admitted the fact of payment of the cheque amount inadvertently, despite instruction of Appellant to stop payment, and the Standard Charted Bank was given instruction to stop payment of the proceeds and return the same by demand draft. Appellant had addressed a letter to the Branch Manager, Allahabad bank, Shillong on 29.09.2007 with reference to his earlier letter dated 20.02.2006 for stopping payment of the cheque amount vide cheque No. 425859 and for that Rs.50 (Rupees fifty) was debited from his account on the same date i.e, 20.02.2006. The Appellant further sent a letter dated 15.10.2007 requested to credit the said amount back. Allahabad Bank vide letter dated 28.02.2007, communicated to the Appellant that the matter in dispute was referred to higher authority, in as much as the Appellant had further represented the case to Reserved Bank of India on 09.02.2008. The Complainant had lodged a complaint to the Banking Ombudsman, Mumbai on 07.11.2007 which was dismissed for default.
After the dismissal of the application by the Ombudsman, Mumbai, the Appellant filed a case Complaint Case No. 41 of 2008 which was allowed by the District Commission, Shillong whereby the District Redressal Forum directed to credit the amount debited against the said cheque from the account of the Appellant with interest of 9% and further awarded a sum of Rs. 50,000/- (fifty thousand only) as compensation to the Complainant with direction to comply the order within 30 days from the date receipt of the order.
The said Allahabad Bank (Respondent) preferred an appeal referred as F.A. No. 1 of 2013 and the said Appeal was allowed on the ground that the District Forum, Shillong failed to exercise the power properly as it did not insist on proving the aforesaid material facts by way of adducing evidence and remanded back with the direction as follows
“We are of the opinion that parties should be allowed to adduce evidence before the Commission for adjudicating the matter effectively ”.
On remand the District Consumer Forum, Shillong dismissed the Complaint Case No. 41 of 2008 taking ground of non- disclosure of relevant and material fact.
It has been argued by the counsel of the Appellant that this Forum while remanding back the matter has given direction to insist the party on proving the material facts by way of adducing evidence as the Appellant did not file evidence on affidavit or adduce any evidence, in as much as, the Bank has been deprived of opportunity of cross – examination of witness and disproving the facts/allegations brought against them. In such view of the earlier direction the District Forum should have acted in the manner mentioned in the earlier order of this Forum but the District Forum has gone tangent and passed an order on the ground which has not been taken even by the Allahabad Bank. Respondent Allahabad bank has not disputed the soundness of the point raised by the Appellant.
Having considered the argument of the Appellant and Respondent, the District Forum ought to have adjudicated the case in the manner directed by earlier order of this Forum. But he has failed to take into consideration the order passed by this Forum and dismissed the Complaint Case on the ground of suppression of material facts. The District Forum ought to have also discussed the case on its merit as well as suppression of material facts i.e, on all counts. In such view of the matter, the order passed by the District forum dated 19.05.2022 passed in Consumer Case No 41/2008 is set aside and the case is remanded back for adjudication on all the issues as directed earlier by this Forum including suppression of material facts.
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MEMBER MEMBER
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PRESIDENT
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MEMBER MEMBER
