NCDRC

NCDRC

RP/3642/2011

LAXMAN MAHAKUD - Complainant(s)

Versus

CHIEF MANAGER, STATE BANK OF INDIA - Opp.Party(s)

MS. SWATI B. SHARMA

30 Apr 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3642 OF 2011
 
(Against the Order dated 11/05/2010 in Appeal No. 967/2009 of the State Commission Orissa)
1. LAXMAN MAHAKUD
S/o Late Dandasi Maahakund, PO Duarsuni PS Bhawanipatna Sadar
Kalahandi
Orissa
...........Petitioner(s)
Versus 
1. CHIEF MANAGER, STATE BANK OF INDIA
Bhawanipatna Branch, P.O Bhawanipatna
Kalahandi
Orissa
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :MS. SWATI B. SHARMA
For the Respondent :MR. A.V. RANGAM & MR. BUDDY A. RANGANADHAN

Dated : 30 Apr 2012
ORDER

 

O R D E R

 

         

Heard learned counsel for the parties.

Limited notice was issued to the respondent-bank as it was pointed out by learned counsel for the petitioner that the amount of Rs.12,283/- which was towards the balance amount of the auctioned gold jewellery, has not been received.  Even if no deficiency is found on the part of the respondent-bank, the complainant-petitioner is entitled

-2-

to the said amount.  Learned counsel for the respondent-bank submits that as per his instructions, the amount of Rs.12,283/- was remitted to the complainant and corresponding debit entry was made in her account and the account was squared up.

In view of the above stated position, we are of the view that no fault can be found with the order of the State Commission holding that the bank has not committed any deficiency in service in the whole transaction but at the same time, we cannot be oblivious of the fact that even the amount which the complainant was entitled after adjustment and after the auction of his gold jewellery, has not been received by the complainant.  If that is so, we direct the opposite party-bank to pay the said amount alongwith interest @9% per annum w.e.f. July, 2004 alongwith cost of Rs.5,000/- to the complainant throughout.  The amount shall be paid to the complainant within a period of four weeks from today.

The revision petition stands disposed of with these observations.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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