AT HYDERABAD.

F.A. 826/2008 against C.C  27/2007, Dist. Forum, Medak at Sanga Reddy

Between-

CH. Nagender, S/o. Late Malhari

Age- 56 years, Occ- Advocate

H.No. 4-9-40, (19/C),

APHB Colony, Sanga Reddy.                       ---                         Appellant/

                                                                                                 Complainant

                                                                    And

1.The Chief Manager

State Bank of Hyderabad

Sanga Reddy.

2. The Manager,

State Bank of Hyderabad

Sanga Reddy.                                              ---                        Respondents/

                                                                                                 Opposite Parties  

Counsel for the Appellant-                         P.I.P.

Counsel for the Resps-                               Admission Stage

QUORUM-

                          HON’BLE SRI JUSTICE D. APPA RAO, PRESIDENT     

                                          SMT. M. SHREESHA, MEMBER

and

SRI G. BHOOPATHY REDDY, MEMBER

TUESDAY, THIS THE  FIFTEENTH  DAY OF JULY  TWO THOUSAND EIGHT

Oral Order- (Per Hon’ble Justice D. Appa Rao, President)

                                                          -----

                   Heard the learned counsel for  the appellant.   Having heard the learned counsel for the appellant, and perused the record, we are of the opinion that the matter could be disposed of at the stage of admission.

                   This is an appeal preferred by the unsuccessful complainant.

                   The case of the complainant in brief is that  on 17.10.2005  he deposited a demand draft  for Rs. 8,633/-  with respondent  State Bank of Hyderabad, and despite his repeated requests the amount was  not credited in his account.   It is only on 3.11.2005  it was credited.  In fact, by then he was undergoing treatment, and he needed the amount for his treatment.  He could not approach Care Hospital at Hyderabad,  where ESWL operation was to be performed.   He could not take proper treatment in the interregnum period from 17.10.2005 to 3.11.2005, and therefore claimed the said amount together with interest and damages to a tune of Rs. 50,000/- and costs.

                   The respondent State Bank of Hyderabad while admitting that D.D. for Rs. 8,633/- was issued by State Bank of Hyderabad, Medak  on 17.10.2005, it could be credited only on 3.11.2005, due to technical fault.  The complainant being an advocate, for the notice issued by him, they gave  proper reply.  They have rectified the mistake immediately.  There was no negligence or deficiency in service on their part.   Therefore they prayed for dismissal of the complaint.

                   The complainant in proof of his case filed Exs. A1 to A8, while the respondent  bank filed Exs. B1 to B3.  The Dist. Forum after considering the evidence placed on record  allowed the complaint in part  directing the bank to pay interest at the rate of 9percent p.a.,  on Rs. 8,633/- for a period of 17 days  besides costs of Rs. 1,000/-.

                   Aggrieved by the said decision, the complainant preferred this appeal contending that he could not take treatment for a period of 17 days in view of negligence on  the part of the bank. As the amount was not made available, he could not take medicines, suffered mental agony, therefore, he was entitled to an amount of Rs. 50,000/- towards damages.

                   It is an undisputed fact that the appellant worked  in Judicial Department, and later enrolled himself as an advocate.   Since he had to undergo treatment at NIMS, Hyderabad, he being an employee of Judicial Department, an amount of Rs. 50,000/- was sanctioned by the Dist. Judge on 23.8.2005.  According to him, a cheque was sent to NIMS, Hyderabad where the appellant underwent operation as an in-patient from 1.9.2005 to 3.10.2005.  The doctors at NIMS advised him to undergo  ESWL  operation which was not available with them.  Thereupon, he contacted Care Hospital, Hyderabad.  When he applied for medical reimbursement bill they forwarded to the Dist. Judge, who in turn sent a demand draft Dt. 14.10.2005 for Rs. 8,633/- which he deposited on 17.10.2005.   It is an undisputed fact, that the amount was credited on 3.11.2005.  In other words, the amount was not available to him from 17.10.2005 to 3.11.2005 for a period of 15 days.   The appellant contends that, in view of the delay, he could not approach  Care Hospital, Hyderabad,  nor could use medicines prescribed by the  doctors and