Maharashtra

StateCommission

A/10/870

MR GULAMNABI M SHAIKH - Complainant(s)

Versus

REGIONAL CONSUMER BANKING HEAR-WEST ABN-AMRO BANK - Opp.Party(s)

MISS M RAIBUGKAR

30 Aug 2010

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/10/870
(Arisen out of Order Dated 28/06/2010 in Case No. 543/07 of District Mumbai(Suburban))
 
1. MR GULAMNABI M SHAIKH
301, ALMAS APT NR MADINA MANXIL S V ROAD GOREGAON (W) MUMBAI
MUMBAI
MAHARASHTRA
...........Appellant(s)
Versus
1. REGIONAL CONSUMER BANKING HEAR-WEST ABN-AMRO BANK
SARRKAR BHAVAN NARIMAN POINT MUMBAI 400021
MUMBAI
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:MISS M RAIBUGKAR , Advocate for the Appellant 1
 
ORDER

Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:

 

 

    Heard Ms.Madhuri Raibagkar, Advocate for the Appellant.

 

     In the instant case deficiency in service on the part of the Respondent/original Opposite Party Bank was alleged on the ground that in spite of credit facility given, when the cheque was issued it was dishonoured on the ground that the account on which it was drawn was frozen.  Therefore, Forum below accepting the contention of the Appellant, out of `2,00,000/- claimed as compensation awarded `10,000/- as compensation and therefore, feeling aggrieved  thereby this appeal is preferred for the enhancement of compensation by the original Complainant. 

 

     We perused the impugned order which shows that though the compensation of `2,00,000/- was claimed, except the bear word to justify the huge claim for compensation, neither any statement made in the complaint nor any evidence adduced to justify such huge claim.  In spite of this, Forum below was generous in awarding the compensation.  In fact, credit facility is the concession given and it is not the case of hiring of any service of the Bank.  Whatever it may be, since Opposite Party has not filed any appeal, we find no reason to admit the appeal for enhancement of compensation.  Hence, we pass the following order:

 

O  R  D  E  R

 

     (i)       Appeal is not admitted and stands rejected accordingly.

 

    (ii)       No order as to costs.

 

 
 
[Hon'ble Mr. S.R. Khanzode]
PRESIDING MEMBER
 
[Hon'ble Mr. Dhanraj Khamatkar]
Member

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