NCDRC

NCDRC

RP/3414/2016

INDIAN OVERSEAS BANK - Complainant(s)

Versus

R.K SHARMA - Opp.Party(s)

MR. PRAMOD KUMAR & MR. B.P. SINGH

02 Jan 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3414 OF 2016
 
(Against the Order dated 09/11/2016 in Appeal No. 442/2014 of the State Commission Delhi)
1. INDIAN OVERSEAS BANK
HAVING ITS BRANCH OFFICE AT PANKAJ PLAZA CORNER NEAR PRINCE APARTMENT, I.P. EXTN.
NEW DELHI-110092
...........Petitioner(s)
Versus 
1. R.K SHARMA
A/4, ORIENTAL ENCLAVE, PLOT NO. 32, INDRAPRASTHA EXTN.,
NEW DELHI-110092
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Petitioner :
Mr.Pramod Kumar, Advocate
For the Respondent :
Mr.V.P. Sharma, Advocate (on caveat)

Dated : 02 Jan 2017
ORDER

       This Revision Petition, by Indian Overseas Bank (for short “the Bank”), is directed against the order dated 9.11.2016, passed by the State Consumer Disputes Redressal Commission at New Delhi (for short “the State Commission”) in First Appeal No.442/2014.  By the impugned order, the State Commission has affirmed the order dated 25.2.2014, passed by the Consumer Disputes Redressal Forum VI, District New Delhi (for short “the District Forum”) in Case No.CC/538/12.  By the said order, while accepting the Complaint filed by the Respondent herein, alleging deficiency in service on the part of the Petitioner Bank in causing delay in the credit of his Savings Bank account, the proceeds of the cheque in the sum of ₹24,652.82, the District Forum had directed the Petitioner to pay to the Complainant a sum of ₹50,000/- as damages, which was inclusive of the litigation expenses.

       Having heard Learned counsel for the Petitioner and the Complainant, who is on caveat, we are of the view that the Revision Petition is without any substance.  On appraisal of the evidence adduced by the parties, particularly the pay-in-slip, both the Fora below have recorded a concurrent finding of fact that the Petitioner had failed to substantiate its stand that the delay in credit of the said amount was because of the reason that the Complainant had failed to mention the Account Number and the account holder’s name on the pay-in-slip, at the time of deposit of the cheque.  Both the Forums have rejected the stand of the Petitioner that the said particulars were filled up later.  The said finding having not been specifically challenged as being perverse, we do not find any jurisdictional error in the impugned order, warranting our interference in Revisional jurisdiction, more so when the total amount involved in the case is a meagre sum of ₹50,000/-, which includes the litigation cost.  

The Revision Petition is dismissed accordingly.

 
......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER

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