1. Counsel for the parties heard. This is an admitted fact that the petitioner sent the cheque in the sum of Rs. 1,65,000/- to the Centurion Bank as per an agreement entered into between the parties. The Centurion Bank held up the said amount and did not hand over the amount to the respondent/complainant. However, instead of paying the said amount, it was adjusted towards complainant’s loan without intimation. It was the duty of the Centurion Bank to inform the respondent/complainant that the said amount has been adjusted towards his loan. The counsel for the respondent/complainant further points out that even after adjusting the same, the cheques given by the respondent/complainant were withheld by the respondent Centurion Bank. There is no explanation for the same. On the other hand, counsel for the respondent Centurion Bank submits that he is not aware whether the cheques were given back or the Bank is still withholding the same. Enough opportunity was given to both the parties but this is unfortunate that the counsel for the respondent Centurion Bank is not aware of his own case. 2. Since the amount stands adjusted, therefore, the respondent/complainant does not pray for further relief. He requests that heavy cost should be imposed on the part of the Centurion Bank. 3. Under the circumstances, we dismiss the Complaint filed by the Complainant before the District Forum as withdrawn except impose Rs. 5,000/- as costs upon the Centurion Bank, which will be paid within one month, failing which, it will carry interest @ 10% per annum. The Bank is also directed to return the cheques, if any, and if the cheques are not available with the Centurion Bank, it will file an affidavit with respect to this aspect, with the Registrar of this Commission, within one month. It is also made clear that the Centurion Bank is now merged with HDFC Bank. 4. Under these circumstances, petitioner has no liability to pay any amount to the respondent/complainant. 5. The revision petition is, therefore, dismissed as withdrawn. |
