National Consumer Disputes Redressal Commission

National Consumer Disputes Redressal Commission (NCDRC): While directing Indian Overseas Bank to pay Rs 50,000 to a person for delay in processing cheque, NCDRC upheld the order of District Forum asking the bank to pay the money to the man while holding deficiency in service on part of the bank. Said order of District Forum was also affirmed by New Delhi State Consumer Disputes Redressal Commission in an appeal filed by the Bank.

Earlier, there was delay by the Bank in crediting of a cheque amount of Rs 24,652.82 into the account of the complainant, who filed complaint in the matter before the District Forum. Before the District Forum, the Bank had contended that the complainant had failed to mention the account number and the account holder’s name on the pay-in-slip, at the time of deposit of the cheque and the particulars were filled up later. District Forum directed the Bank to pay to the complainant a sum of Rs 50,000/- as damages, which was inclusive of the litigation expenses. The order of District Forum was affirmed by the State Commission.

After perusal of material on record, NCDRC observed that as the Bank has not specifically challenged the findings of fact recorded by District Forum and the State Commission that the petitioner had failed to substantiate its stand that the delay in credit of the said amount was because of the reason that the complainant had failed to mention the account number and the account holder’s name on the pay-in-slip, at the time of deposit of the cheque, as being perverse, there is no jurisdictional error in the order, warranting interference in revisional jurisdiction. While affirming the orders of District Forum and New Delhi State Consumer Disputes Redressal Commission, NCDRC dismissed the revision petition filed by the Indian Overseas Bank. [Indian Overseas Bank v. R.K Sharma, 2017 SCC OnLine NCDRC 2, decided on January 2, 2017]

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