Appeal No. 285 of 2016

31.01.17           Heard the counsel for the appellant and respondent.

                The appellant assails the impugned order directing for payment of the amount of the bank draft as also compensation of Rs. 25,000/- to be paid within 45 days failing which interest @ 8% shall be payable.

The issue is that the bank draft issued in favour of the husband of the complainant towards payment of the P.F dues however could not be encashed as the husband of the complainant died whereas the employer department of Fishery Government of Bihar. The complainant requested the bank to correct the name in the bank draft by the wife of the deceased i.e complainant. Bank revised on the ground that the bank draft purchased the P.F  department and as such  It would be altered  only on the interest  of the  purchaser no one else.

                   We have considered the submissions as also the impugned order.  The bank draft as instructed  purchased by purchaser  after depositing the  requisite amount the  bank for any  reason neither duplicate to be obtained or any altercation if any is required the same could be done by the bank only at the instance of the purchaser of the bank. We find that the department of fishery coming in picture and as such bank requested to change the name in the bank draft in question cannot be defaulted.

          The District Forum has not been these aspect of the in correct perspective.

                   For the reasons and discussions above, we are unable to sustained in the order under appeal.

                   In the result, appeal stands allowed the amount deposited by the appellant before this commission be released in his favour.

             Member (M)                                 Président.

Agam