NCDRC

NCDRC

RP/34/2017

AMAR EDUCATION SOCIETY - Complainant(s)

Versus

CMD, PUNJAB AND SINDH BANK & ANR. - Opp.Party(s)

MR. S.L. GUPTA, MR. B.P. SINGH, MR. R.K. GUPTA & MR. KULDEEP SINGH TOMAR

19 Jan 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 34 OF 2017
 
(Against the Order dated 30/11/2016 in Appeal No. 1279/2014 of the State Commission Uttar Pradesh)
1. AMAR EDUCATION SOCIETY
THROUGH ITS CHAIRMAN BRIGADIER(RETD.) SH. M.L. BHANDARI 473 SEC. 37, NOIDA ZILA
GAUTAM BUDH NAGAR
UTTAR PRADESH
...........Petitioner(s)
Versus 
1. CMD, PUNJAB AND SINDH BANK & ANR.
21, RAJENDER PALACE
NEW DELHI
2. BRANCH OFFICE PUNJAB AND SINDH BANK,
SECTOR 18, NOIDA
DISTRICT- GAUTAM BUDH NAGAR,
UTTAR PRADESH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE,PRESIDING MEMBER
 HON'BLE MR. ANUP K THAKUR,MEMBER

For the Petitioner :
In aperson with
Mr. S.L. Gupta, Advocate
For the Respondent :

Dated : 19 Jan 2017
ORDER

          This revision is directed against the order of the State Commission, U.P. in first appeal No.1279/2014 vide which the State Commission while agreeing with the findings of the District forum pertaining to deficiency in service on the part of the opposite party bank partially allowed the appeal and reduced the compensation awarded from Rs.1,50,000/- to Rs.15,000/-. It was further ordered that the compensation be paid within one month failing which the amount shall carry interest @ 12% interest from the date of filing of complaint till the realization of amount.

2.       Briefly put facts relevant for disposal of the revision petition are that the petitioner filed a consumer complaint against the respondent bank on the ground that the cheques issued by him against his account were dishonoured by the opposite party bank on the premise that the signatures did not tally.

3.       The District Forum on consideration of pleadings of the parties allowed the complaint and awarded a compensation of Rs.1,50,000/- to the complainant besides Rs.5,000/- as cost for litigation. Being aggrieved of the order of the District Forum the respondent/opposite party approached the State Commission, U.P. in appeal.

4.       The State Commission after hearing the parties while agreeing with the order of the District Forum on merits modified the order by reducing the amount of compensation from Rs.1,50,000/- to Rs.15,000/-. The State Commission has noted in its order that due to dishonour of the cheques but for inconvenience and harassment no financial loss has been caused to the petitioner/complainant. It may be noted that the bank has dishonoured the cheques on the premise that signatures did not tally. Therefore, under the circumstances we are of the opinion that compensation granted by the State Commission is adequate and there is no justification in the plea seeking enhancement of compensation beyond Rs.15,000/-.

4.       Revision petition is accordingly dismissed.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
ANUP K THAKUR
MEMBER

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