DHAN PATI DEVI Vs. JOGINDERA CENTRAL CO-OPERATIVE BANK LIMITED
LAWS(HPCDRC)-2010-9-20
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on September 20,2010

Dhan Pati Devi Appellant
VERSUS
Jogindera Central Co -Operative Bank Limited Respondents

JUDGEMENT

- (1.) ORIGINAL Complaint was filed by late Shri Mohan Lal Sharma against the respondents. This was registered as Consumer Complaint No.146/2006. By means of impugned order, dated 14.11.2008 said complaint has been dismissed. Feeling aggrieved from the said order, appeal was filed by the deceased. After filing of the appeal, Shri Mohan Lal died and to bring on record his legal representatives (L.Rs) -present appellants, M.A. No.187/2010 was allowed on 9.4.2010.
(2.) AS appeal was barred by time, therefore M.A. No.869/2008 was filed alongwith appeal. This was allowed on 5.7.2010.
(3.) WE have heard learned Counsel for the parties and have also gone through complaint file. Only question involved in this appeal is whether entry of Rs.10,000/ - instead of Rs.4,000/ - as claimed by the Bank was due to inadvertent mistake/error or the deceased Shri Mohan Lal Sharma had actually deposited Rs.10,000/ - and not Rs.4,000/ - as was being claimed by the respondents. Amount was deposited on 8.7.2005 by the deceased in his Saving Bank Account No.4927 that he was having with Arki branch of the respondents. This amount has been reflected in the Pass Book, photostat copy whereof is Annexure C.1, but the balance on the said date was shown to be 10,737/ -. According to Mr. Sharma, this balance has been wrongly reflected as it should have been shown to be 16,737/ -. On the other hand, stand of the respondents is that amount deposited has been correctly reflected in the balance, but due to inadvertent bonafide mistake, instead of Rs.4,000/ -, it has been shown as Rs.10,000/ - against deposit. Both parties have led evidence, and District Forum below has placed reliance on copy of Saving/Current Account Ledger maintained by it, containing entries in the account of the deceased Shri Mohan Lal Sharma. Its copy is at page 45, alongwith copy of Pay -In -Slip, which is at page 47 of the complaint file, and thus has dismissed the complaint.;


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