Tamil Nadu

StateCommission

FA/298/2014

MOHAMMED SATHURDHIN - Complainant(s)

Versus

THE BRANCH MANAGER STATE BANK OF INDIA - Opp.Party(s)

V.Balaji

11 Feb 2015

ORDER

BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

BEFORE         HON’BLE THIRU JUSTICE R. REGUPATHI        PRESIDENT

                        THIRU.J. JAYARAM                                 JUDICIAL MEMBER

F.A.298/2014

[Against the Order in  C.C No. 60/2009 dated 15.12.2010  on the file of the DCDRF,Cuddalore]

Dated this the  11^TH  day of FEBRuary, 2015

 

Mohammed Sathurdhin

S/o Mohamed Ibrahim

56, Cuddalore Road,

Panruti

Cuddalore District                                    ..Appellant/complainant

                                        Vs

1. The Branch Manager

State Bank of India

Chetty Street,

Panruti

Cuddalore District

 

2. The Branch Manager

Union Bank of India

Dindigul                                                ..Respondent/opp.parties

 

Counsel for the Appellant/complainant      : M/s V.Balaji

Counsel for the Respondent/1^st opp.party  : M/s S.Natarajan

For the 2^nd Respondent/2^nd opp.party        : Called absent

 

This appeal coming before us for final hearing on 28.1.2015 and on hearing the arguments of both sides, and upon perusing the material records, this commission made the following order.

THIRU.J.JAYARAM, JUDICIAL MEMBER

1.         This appeal is filed by the complainant against the order of the District Forum, Cuddalore in CC. 60/2009 dated 15.12.2010 allowing the complaint and directing the 1^st opposite party to pay a sum of Rs.10,000/- to the complainant for mental agony and to pay costs of Rs.2000/-, claiming enhancement of the compensation awarded by the District Forum.

 

2.       It is pertinent to note that the impugned cheque is for Rs.80,000/- and dated 6.6.2008. We must consider that the compensation awarded must be commensurate with is the loss suffered by the consumer. Having regard to the facts and circumstances of the case and in view of the fact that the complaint was filed in the year 2009 and the appeal is disposed of in 2015, we feel that the amount of compensation awarded by the District Forum is quite inadequate and that a sum of Rs. 80,000/- would be the just and reasonable compensation.   

        In the result, the appeal is partly allowed and the order of the District Forum is modified, directing the 1^st opposite party to pay a sum of Rs.80,000/-(Rupees Eighty Thousand only)  to the complainant as compensation for mental agony and for deficiency in service on the part of the 1^st opposite party and to pay costs of Rs.2,000/-(Rupees Two Thousand only) in the complaint.

          The 1^st opposite party/Appellant shall pay cost of Rs.10,000/- (Rupees Ten Thousand only) in the appeal.

         Time for compliance – Two months from the date of receipt of copy of this order. In case of default, in comply with the order, the amount of Rs.80,000/- (Rupees Eighty Thousand only) shall carry interest at the rate of 12% p.a. from the date of default till compliance.

 

   J. JAYARAM                                                          R.REGUPATHI  

    JUDICIAL MEMBER                                                     PRESIDENT