BANK OF BARODA Vs. SHYAM SUNDER PRASAD

JUDGEMENT

(1.) Revision Petition No. 2529 of 2012 has been filed against the order dated 25.5.2012 of the Bihar State Consumer Disputes Redressal Commission, Patna ('the State Commission') in Appeal Nos. 481 and 526 of 2001. The brief facts of the case as per the respondent/complainant are that the respondent works for M/s. Mohan Auto Service (Petrol Pump), Runni Saidpur, District Sitamarhi and the wife of the respondent namely Smt. Meera Devi was the partner of the above said firm.

(2.) On 20.4.1993 the respondent had allegedly deposited Rs. 77,812 for two drafts with the petitioner/opposite party/Bank of Baroda, Branch Dharharva, District Muzaffarpur. The amount was deposited by the Manager on his own and entered in the register. The respondent was asked to sit for some time. The respondent sat there for about one and a half hours and while the drafts were being prepared. In the meantime, at about 2 1/2 p.m. dacoits entered forcibly into the bank. The Bank staff, other sitting customers and cashier were locked up in a room by them. The dacoits took away money and valuable documents such as bank drafts and stamp papers at gun point. An FIR to this effect has been lodged.

(3.) On the same day, an application was given to the Bank Manager asking for the two drafts for which money had been deposited in the Bank. Bank Manager received the application but showed his inability in issuing the drafts to him.