BHANDARI CO OPERATIVE BANK LTD Vs. DILIP MADHUKAR KAMBLI

JUDGEMENT

(1.) THE appellant, The Bhandari Cooperative Bank Ltd., (for short the Bank), has preferred this appeal against the order passed by the State Commission, Maharashtra in complaint case No. 15 of 1990 filed by respondent No.1 against respondents No. 2 to 4 and the appellant. The State Commission has directed the Bank to pay Rs. 1,84,500.00 to the complainant within a period of two months from the date of the order together with interest at the rate of 16.5 per cent per annum from 11.02.1988 on the said amount till relisation. The complainant was also awarded Rs. 500.00 as costs to be paid by the Bank.

(2.) THE facts of the case as reported are:

(3.) AFTER hearing learned counsel and taking into consideration all the facts and circumstances of the case we have come to the conclusion that the order of the State Commission has to be upheld. The State Commission has discussed the matter in detail and has held that the Bank without any express authority from the complainant has illegally and contrary to the established procedure and practice of Banking transferred Rs. 1,48,500.00 to the account of Nilesh Borkar and this act of the Bank amounted to deficiency in the rendering of service. We agree with the conclusion arrived at by the State Commission.