Kerala

StateCommission

A/09/243

Union Bank of India - Complainant(s)

Versus

Shaji Mathew - Opp.Party(s)

A.M.Vijayan

13 Aug 2009

ORDER


.
CDRC, Sisuvihar Lane, Sasthamangalam.P.O, Trivandrum-10
Appeal(A) No. A/09/243

Union Bank of India
...........Appellant(s)

Vs.

Shaji Mathew
...........Respondent(s)


BEFORE:
1. JUSTICE SHRI.K.R.UDAYABHANU

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


For the Appellant :


For the Respondent :




ORDER

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KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
                VAZHUTHACAUD THIRUVANANTHAPURAM
                                                           
                                                        FA.243/09
                                JUDGMENT DATED 13.8.09
PRESENT
JUSTICE SHRI.K.R.UDAYABHANU           -- PRESIDENT
 
Union Bank of India,
Kalayanthani Branch, rep. by
Branch Manager, Kalayanthani.P.O,                     -- APPELLANT
Thodupuzha taluk, Idukki District.
    (By Adv.A.M.Vijayan)
 
                 Vs.
Shaji Mathew,
Mullakariyil House,                                                -- RESPONDENT
Karimkunnam Village , Thodupuzha Taluk,
Idukki Dist., Karimkunnam.P.O.
    (By Adv.Mahesh.N.G)
 
                                                JUDGMENT
JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT
 
          The appellant is the opposite party/Union Bank of India in CC.No.106/2008 in the file of CDRF, Idukki. The appellant is under orders to pay Rs.6,000/- as compensation and Rs.2,000/- as costs. 
          2. The case of the complainant is that on 18.4.08 at 2.40 p.m. the complainant went to the Kalayanthani Branch of the Union Bank to encash two cheques for a total amount of Rs.8,000/-. According to him the complainant went to the cashiers’ cabin and the cheques were handed over to one of the other staff members who asked the complainant to wait till 3.30 p.m. The complainant was in urgent need of money. He came from 15 Kms. away for the purpose of cashing the cheque. It is also alleged that the staff of the bank harassed the complainant and misbehaved. 
          3. The version of the opposite party is that the complainant was asked only to wait till 3 p.m. The cashier had gone to Thodupuzha to deposit the excess cash. The cashier had left after completing all cash transactions. The complainant did not meet the Branch Manager.
          4. Evidence adduced consisted of the testimony of PW1, DW1 and Exts.P1.
          5. I find that it is seen that the time for transactions after lunch is 2.30 to 3.30 p.m. The cheques sought to be cashed is only for Rs.8,000/-.    There is no justification for asking the petitioner to wait for 20 minutes.   There is no assurance that the cashier would have returned by that time also. Evidently, the complainant was not treated properly.    I find that there is no patentand illegality   in the appreciation of evidence by the Forum below. There is no scope for admitting the appeal. Hence the appeal is dismissed in-limine.
          The office is directed to forward the copy of this order to the Forum urgently.
                                       JUSTICE K.R.UDAYABHANU-- PRESIDENT



......................JUSTICE SHRI.K.R.UDAYABHANU