C.D. Case No. 91 Of 2001. Case: NICE National Institute of Computer Education Pvt.Limited through its Regional Co-Ordinator Sri Upagupt Mohanty Vs 1. Branch Manager, Dena Bank, Nayasarak, 2. Chairman & Managing Director, Dena Bank,. Orissa State Consumer Disputes Redressal Commission

Case NumberC.D. Case No. 91 Of 2001
CounselFor the Appellant: Mr M.Agarwal, Authorized Agent. and For the Respondent: M/s D.N.Mishra & Associates.
JudgesShri A.K.Samantaray, President, And Shrimati Smarita Mohanty, Member
IssueConsumer Law
Judgement DateSeptember 16, 2010
CourtOrissa State Consumer Disputes Redressal Commission


Smt.Smarita Mohanty, Member.

This complaint is filed by the complainant against the O.Ps. -- Bank alleging deficiency in service.

Complainant being a registered company under Companies Act of 1956 having its office at Nayasarak, Cuttack regularly transacts with the O.Ps. It is alleged that a cheque bearing no. 9823378 dt. 13.10.1999 of Rs. 10,000/- drawn on O.P. Bank was issued to M/s. Tibrewal Chand & Co., the auditors of the company. The said cheque was dishonoured by O.P. No.1 due to insufficient fund. Thereafter complainant complained before O.P. No.1 vide letter dated 14.10.1999 with regard to dishonour of the said cheque. Again on 16.10.1999 complainant wrote another letter to O.P.No.1 & 2 stating that balance in the company''s account was Rs.11,555.89p and not Rs.6,530.89p as stated by the Branch Manager of O.P. No.1. On 21.10.1999 O.P. No.1 intimated complainant in writing that the cheque was rightly returned by the Bank due to ''insufficient funds''. On 22.10.1999 complainant obtained a detailed statement of transactions from O.P. No.1 and rectified the mistake committed by the Bank. Two debit entries were made on 26.08.1999 in the Current Account No. 1295 of the complainant company (Rs.5000/- &Rs.25/-). On 15.11.1999 O.P.-Bank expressed regret over the matter. This negligent act of O.P.-Bank has caused mental agony and harassment. Complainant therefore filed this dispute before this Commission seeking direction to the O.Ps to refund the said amount of Rs.5025/- @ 18% interest from 26.08.1999 till the date of actual payment.

O.Ps. resisted the complaint and contested the claim denying the allegations made by complainant. It is submitted that complainant was holding two current accounts bearing nos. 1295 and 1243 under O.P.-Bank. A cheque amounting to Rs.5,000/- was deposited by the complainant in account no. 1243 on 25.08.1999. Later the said cheque for Rs.5,000/- deposited by the complainant was returned back...

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