STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
U.T., CHANDIGARH
First Appeal No. | : | 171 of 2014 |
Date of Institution | : | 30.04.2014 |
Date of Decision | : | 05.05.2014 |
M/s DSG Papers Private Ltd. Having its regd. office 7957/5, Ranbir Marg, Model Town, Patiala through its Manager Accounts Sanjeev Sharma.
…..Appellant/Complainant.
Versus
Punjab National Bank, PNB House, Sector 17B, Chandigarh – 160017 through its Branch Manager.
....Respondent/Opposite Party.
Appeal under Section 15 of the Consumer Protection Act, 1986.
BEFORE: JUSTICE SHAM SUNDER (RETD.), PRESIDENT.
MR. DEV RAJ, MEMBER.
MRS. PADMA PANDEY, MEMBER
Argued by: Sh. Munish Goel, Advocate for the appellant.
PER DEV RAJ, MEMBER.
This appeal is directed against the order dated 28.03.2014, rendered by the District Consumer Disputes Redressal Forum-I, UT, Chandigarh (hereinafter to be called as the District Forum only) vide which, it dismissed the complaint, filed by the complainant (now appellant).
2. Rs.33,000/-.
3. Opposite Party, in its written statement, It was further stated that cheque No.589479, dated 10.8.2007 was collected by the then Centurion Bank of Punjab Limited (since merged with HDFC Bank) through clearing on 11.8.2007 through the Opposite Party and credited to the account of Fakir Badshah Carriers. The letter of HDFC Bank which collected the said cheque was Annexure R-1. It was also admitted that letter dated 24.10.2007 was received by the Opposite Party Bank, but the said cheque had already been cleared by the Bank on 11.8.2007. It was further stated that the account of the party, because of error in the computer, was left to be debited by the Regional Processing Centre. It was further stated that since the account was not debited and cheque was not entered in it (system), the system accepted the command of stop payment, otherwise it would have rejected the cheque number. It was further stated that the amount of Rs.1,13,138/- was debited to the account on 18.10.2011 by Regional Processing Centre while reconciling its imprest account as it had already made payment of the amount to the then Centurion Bank of Punjab (since merged with HDFC Bank) on 11.8.2007, which was credited to the account of Fakir Badshah Carriers (Annexure R-1). It was further stated that thedebit of Rs.2,822/- to the account pertained to the unrecovered charges, shortfall amount and was automatically debited by the system from time to time and it had no connection whatsoever with stop payment of the cheque/amount (Annexure
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5. The Parties led evidence, in support of their case.
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15. no order as to costs. The order of the District Forum is upheld.
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Pronounced.
May 05, 2014.
Sd/-
[JUSTICE SHAM SUNDER (RETD.)]
PRESIDENT
Sd/-
(DEV RAJ)
MEMBER
Sd/-
(PADMA PANDEY)
MEMBER
