w w w . L a w y e r S e r v i c e s . i n

Surya Agro Industries v/s Oriental Bank of Commerce Through its Branch Manager Bhikhi

Company & Directors' Information:- R K B AGRO INDUSTRIES LIMITED [Active] CIN = L17100KA1979PLC003492

Company & Directors' Information:- J R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15342UP1982PTC005792

Company & Directors' Information:- SURYA INDUSTRIES PRIVATE LIMITED [Active] CIN = U17120GJ2008PTC053221

Company & Directors' Information:- B M AGRO INDUSTRIES LIMITED [Active] CIN = U74899DL1992PLC049988

Company & Directors' Information:- R S AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15319DL1998PTC097025

Company & Directors' Information:- S N T AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U01122DL1997PTC086925

Company & Directors' Information:- D D AGRO INDUSTRIES LIMITED [Active] CIN = U24219PB1999PLC022487

Company & Directors' Information:- S S D AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100MH1998PTC113744

Company & Directors' Information:- ORIENTAL INDUSTRIES LIMITED [Active] CIN = U00000CH1999PLC022357

Company & Directors' Information:- S. A. B. INDIA AGRO INDUSTRIES LIMITED [Active] CIN = U01403UP2009PLC038365

Company & Directors' Information:- U K AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15114UP2003PTC028107

Company & Directors' Information:- R. K. AGRO INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U15410WB2012PTC180269

Company & Directors' Information:- R J AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15311KA2005PTC035485

Company & Directors' Information:- S O I AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15310GJ2010PTC059966

Company & Directors' Information:- S I P AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01403WB2012PLC188362

Company & Directors' Information:- S. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15490PN2013PTC146574

Company & Directors' Information:- J J AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15130MH1980PTC023302

Company & Directors' Information:- A R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050526

Company & Directors' Information:- G S AGRO INDUSTRIES PVT LTD [Active] CIN = U01132WB1990PTC049960

Company & Directors' Information:- D V AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC051892

Company & Directors' Information:- P AND G AGRO INDUSTRIES P LTD [Strike Off] CIN = U99999UP1985PTC007509

Company & Directors' Information:- R. K. G. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100UP2017PTC097391

Company & Directors' Information:- V G AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01400DL1993PLC051666

Company & Directors' Information:- THE BANK OF COMMERCE LTD [Strike Off] CIN = U65923WB1929PLC006511

Company & Directors' Information:- ORIENTAL AGRO PVT LTD [Strike Off] CIN = U15142PB1988PTC008207

Company & Directors' Information:- T S AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U15209UP1987PTC008974

Company & Directors' Information:- B AND P AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U01110MH1972PTC015574

Company & Directors' Information:- P V R K AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U01119AP1988PTC008395

Company & Directors' Information:- K R P AGRO INDUSTRIES PVT LTD [Active] CIN = U01110MH1991PTC062304

Company & Directors' Information:- ORIENTAL COMMERCE PVT LTD [Strike Off] CIN = U15209WB1996PTC079017

Company & Directors' Information:- BANK OF COMMERCE LIMITED [Dissolved] CIN = U65110KL1901PLC000124

Company & Directors' Information:- BANK OF COMMERCE LTD. [Dissolved] CIN = U99999MH1921PTC000917

Company & Directors' Information:- ORIENTAL BANK OF COMMERCE LIMITED [Active] CIN = U65191DL1901PLC002036

    Revision Petition No. 3816 of 2013

    Decided On, 09 December 2013

    At, National Consumer Disputes Redressal Commission NCDRC

    By, MEMBER

    For the Petitioner: A. Tewari, Advocate. For the Respondent: --------

Judgment Text

K.S. Chaudhari, Presiding Member:

1. This revision petition has been filed by the petitioner against the order dated 29.07.2013 passed by Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, ‘the State Commission’) in Appeal No. 234 of 2009 – Oriental Bank of Commerce Vs. M/s. Surya Agro Industries by which, while allowing appeal, order of District Forum allowing complaint was partly modified.

2.Brief facts of the case are that complainant/petitioner deposited cheque No. 820757 dated 15.1.2007 worth Rs.1,50,000/- with OP/respondent for collection on 3.7.2007. Cheque was valid upto 14.7.2007. OP informed complainant on 31.7.2007 about dishonour of the cheque. On an enquiry, the complainant came to know that the cheque was sent for collection of the amount through registered post on 18.7.2007 and complainant’s account was also debited by a sum of Rs.545/- on account of dishonour of cheque. Complainant suffered loss of Rs.1,50,000/- due to late presentation of cheque for collection. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that complainant himself was negligent in retaining the cheque for a long period and presenting the same at last moment. It was further submitted that cheque in question could not have been encashed as there was no sufficient balance in the account of M/s. Shammi Agro Industries who issued cheque and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.1,50,000/- to the complainant with interest @ 9% p.a. and further awarded Rs.1,000/- as cost. Appeal filed by the OP was partly allowed by learned State Commission vide impugned order and directed OP to pay Rs.50,000/- as compensation in lumpsum and Rs.10,000/-as litigation expenses against which this revision petition has been filed by the petitioner for enhancement of compensation.

3.Heard learned Counsel for the petitioner and perused record.

4.Learned Counsel for the petitioner submitted that leaned District Forum rightly allowed compensation, but learned State Commission has committed error in modifying order of District Forum and reducing amount of compensation; hence, revision petition be admitted.

5. Learned Counsel for the petitioner admitted that certainly petitioner is not entitled to grant of compensation to the tune of cheque amount, but certainly he was entitled to get higher compensation than awarded by State Commission. We do not find any force in this submission. Perusal of record clearly reveals that earlier cheques issued by M/s. Shammi Agro Industries in favour of the complainant were also dishonoured on account of insufficient balance and in such circumstances; the disputed cheque was also to be dishonoured on account of insufficiency of funds. In such circumstances, petitioner has not suffered too much loss. In the light of judgment of this Commission in 2007 (1) ISJ (Banking) – 432 (NC) – State Bank of Patiala Vs. Vishwas Ahula, bank cannot be made to pay the entire amount of cheque if it is legally open to the complainant to initiate civil/criminal action based on the cheque against drawer and bank is liable only to pay reasonable compensation to the complainant. In such circumstances, reducing compensation from Rs.1,50,000

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/- to Rs.50,000/- appears to be reasonable and there is no reason for enhancement of compensation. 6. We do not find any illegality, irregularity or jurisdictional error in the impugned order and revision petition is liable to be dismissed. 7. Consequently, the revision petition filed by the petitioner is dismissed at admission stage with no order as to cost.