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The Manager, State Bank of Patiala v/s Samrat Forgings Limited & Others

    Appeal Case No. 92 of 1995

    Decided On, 16 May 1996

    At, Union Territory Consumer Disputes Redressal Commission UT Chandigarh

    By, THE HONOURABLE MR. JUSTICE J.B. GARG
    By, PRESIDENT
    By, THE HONOURABLE MR. SADA NAND
    By, MEMBER & THE HONOURABLE MRS. P. OJHA
    By, MEMBER

    For the Appellant: G.S. Jeji, Ram Gopal Garg, Advocates. For the Respondents: R1, T.S. Arora, R2, Ms. Anu Walia, Advocates.



Judgment Text

J.B. Garg, President:

1.The Consumer Disputes Redressal Forum, Union Territory, Chandigarh,., ordered on 3.5.95 that the State Bank of Patiala, D.C.W. Branch, Patiala and Jammu & Kashmir Bank, Sector 17, Chandigarh should pay @ 18% interest on the sum of Rs. 2,56,351/- for the period of 3V4 months and it worked out to be Rs. 13,430/- on account of undue delay in crediting a cheque into the account of Samrat Forgings Limited, Chandigarh in whose favour it was drawn since respondent.

2. The present appeal has been attempted by the Manager, State Bank of Patiala, DCW Branch, Patiala on the plea that there was no omission on its part and the liability was exclusively of Jammu and Kashmir Bank Limited, Chandigarh.

3. Briefly the facts are that on 31.10.92 Samrat Forgings Limtied, Chandigarh, presented a cheque dated 29.10.92 for Rs. 2,56,351/- for collection and for deposit into their account in Jammu and Kashmir Bank, Sector 17, Chandigarh. It is not disputed that though the cheque dated 29.10.92 was received for collection in Jammu & Kashmir Bank, Sector 17, Chandigarh on 31.10.92 yet it was credited into the account of the complainant only on 15.2.93. The reason for this undue delay was that instead of sending the proceeds to Jammu & Kashmir Bank, Sector 17, Chandigarh, these were despatched to the Srinagar branch of Jammu and Kashmir Bank Limited. This error was on the part of the State Bank of Patiala, DCW Branch, Patiala. The mere allegation that there were disturbed law and order conditions in Srinagar would not exonerate the State Bank of Patiala which erroneously despatched the proceeds to Srinagar instead of Chandigarh.

4. The learned Counsel for the appellant has pointed out that not the General Manager of the Bank but only the Manager, State Bank of Patiala, DCW Branch, Patiala was impleaded as the respondent. This is a mere irregularity and does not affect the merits of the case. M/s. Samrat Forgings Limited, Chandigarh is a depositior with the State Bank of Patiala, DCW Branch, Patiala and he had a limited grievance which pertained to the amount of interest which this consumer lost on account of undue delay of 3months. It shall be altogether a different matter for the Manager of the Branch concerned who may propose disciplinary action and recovery proceedings against the

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erring official/officials. The present appeal attempted by the State Bank of Patiala, DCW Branch, Patiala has no merit and is dismissed leaving the parties to bear their own costs. 5. Announced. The order be communicated to the parties free of charges.
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