LAWS(NCD)-2012-8-20

PUNJAB NATIONAL BANK Vs. SURINDER BANSAL

Decided On August 06, 2012
PUNJAB NATIONAL BANK Appellant
V/S
SURINDER BANSAL Respondents

JUDGEMENT

(1.) THE matter in this revision petition relates to payment on a cheque drawn by the Complainant. The cheque for Rs.1 lakh, was encashed by the drawee/Ashok Kumar through his bank, the Oriental Bank of Commerce. The case of the Complainant was that the cheque, bearing no.616925 was drawn by him on 5.10.2006 in favour of one Mr. Ashok Kumar. As the matter was settled between the parties, he had asked the payee/Ashok Kumar, on several occasions, to return the cheque. It was not returned and the Complainant was assured that it will not be presented for payment. The complaint petition states that -

(2.) THE District Forum held that the complainants are unable to prove any deficiency in service on the part of the OPs. Therefore, the complaint was dismissed. In appeal State Commission reversed the order and has directed the OPs to pay a compensation of Rs.1,00,000/ - to the Complainant along with interest at 12% from the date of the complaint. The Punjab National Bank has challenged the above order of the State Commission, Haryana.

(3.) WE have heard Mr. Mohit Sharma, Advocate on behalf of the revision petitioner and perused the record.