DEBASIS BHATTACHARYA, PRESIDING MEMBER

          This appeal has been directed against order dated 05.06.2015 in Case No.674/2014 passed by the Ld. District Consumer Disputes Redressal Forum, North 24 Parganas(for short, District Forum) . By the impugned order, the Ld. District forum has allowed the case. Being aggrieved  by and dissatisfied with the same , the OP thereof has preferred the appeal.

        The case of the Complainant is that there has been deficiency in service coupled with unfair trade practice on the part of the OP Bank, where it refused to  pay the Complainant Rs,3,42,203/- on the ground that “accounts name and cheque name differs and no fund”. So, the case.

        On the other hand, the case of the OP is that since there is variation in the name of payee in cheque and name in the SB A/c  bearing no. 1421101026627 which stands in the name of Radha Nath Nandy, whereas the cheque was drawn in favour of R N Nandy , and so the cheque could not be cleared. Hence, the complaint is liable to be dismissed.

       It is to be  considered if the impugned order suffers from any kind of anomaly calling for interference by this Commission.

          Decision with reasons

      Ld. Advocate for the Appellant has submitted that the instant cheque was not issued in the name of  the Complainant, which is Radha Nath Nandy, but R N Nandy, and for safety measure the cheque was not cleared as the  name did not tally .

    Respondent submits that he repeatedly met the officials of the OP Bank in this matter clarifying  the position, but for the nonchalant attitude of the Bank, he had to file the complaint.

    On a consideration of the whole spectrum of the case, it is found that there is nothing wrong in the observation of the Ld. District Forum and the findings, and the award is perfect in nature. But the imposition of Rs.200/- per day as punitive damages is totally a faulty one. Accordingly, the impugned order is modified only to the extent that the punitive damages of Rs.200/- per day is struck off. Other parts of the order will remain as it is. The appeal thus stands partly allowed.

     Let a copy of this order along with the LCR be forwarded to the Ld. District Forum forthwith.