Order no. 9         dt. 28/11/2013

Record is put up for order in respect of the petition dt.1.8.13 filed by o.p. on the ground of maintainability.

  We have gone through the entire materials on record. It is admitted fact that complainant is a businessman and the service availed of by the complainant for commercial purpose. The complainant applied to o.p. for making a draft of Rs.7500/- in the name of the company. The transaction was made on behalf of the company but the petition is verified in the name of complainant and not by the company.

  The complainant has approached to the o.p. and filed an application for making draft in favour of Madhya Gujrat Vij Company Ltd. for Akheychand Hulaschand for commercial purpose. The o.p. has made draft according to the application made by the complainant. The said bank draft was drawn at State Bank of India, Vadodra Branch as requested by the complainant and the said draft was presented to State Bank of Bikaner and Jaipur, Baroda Branch. Thus it is the mistake on part of the drawee Madhya Gujrat Vij Company Ltd. that they have not presented the said draft to the appropriate bank.

Therefore, there is no deficiency on the part of the o.p. and hence no cause of action arose here. So the case is not maintainable and hence the case is dismissed as not maintainable. Thus the petition dt.1.8.13 is disposed of.