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. |