Decided on August 17,2020

Soumen Bangal Respondents


- (1.) This revision petition has been filed by the petitioner State Bank of India challenging the order dated 3rd March 2017 passed by the State Consumer Disputes Redressal Commission, West Bengal (in short 'the State Commission') in Appeal No. 195 of 2012.
(2.) Brief facts of the case are that on 10.06.2008, the respondent no.1 was granted Cash Credit Facility of Rs.3.00 lacs by the petitioner. On 15.01.2009, the respondent no.1 issued cheque No.462911 dated 15.01.2009 bearing amount of Rs.26,250/- drawn in Cash Credit Limit Account in favour of respondent no.2 for buying insurance policy. On 17.01.2009, the cheque was returned unpaid by the petitioner. On 03.02.2009, respondent no.2 intimated the respondent no.1 regarding dishonor of cheque. On 20.8.2009, the respondent no.1 raised the issue of non-payment of cheque with the petitioner. On 29.09.2009, the petitioner responded to letter dated 20.8.2009 of the respondent no.1. In November, 2009, respondent no.1 filed complaint no.288/2009 before District Consumer Forum, Alipore, Kolkata (District Forum). On 03.04.2012, District Forum passed ex-parte judgment against the petitioner awarding compensation of Rs.4,34,407/- to the respondent no.1 along with cost of Rs.5000/- and interest @9% per annum applicable after 30 days of the judgment. On 02.05.2012, the petitioner filed appeal bearing No.FA/195/2012 before the State Commission against the judgment dated 03.04.2012 passed by the District Forum in complaint no.288 of 2009. On 29.10.2013, the State Commission partly allowed FA/195/2012 by reducing the compensation from Rs.4,34,407/- to Rs.2,00,000/-. On 31.01.2014, being aggrieved by the order of the State Commission, R.P/962/2014 was filed by the petitioner bank before this Commission. On 25.07.2016, this Commission allowed the revision petition and further remanded the matter back to the State Commission with directions to decide the appeal afresh. On 21.02.2017, State Commission after hearing both parties, dismissed the appeal.
(3.) Hence the present revision petition.;

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