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2003 DIGILAW 204 (HP)

BRANCH MANAGER, STATE BANK OF INDIA v. AKSHAI RAI

2003-07-28

ONKAR CHAND THAKUR, PREM CHAUHAN, SURINDER SARUP

body2003
ORDER Honble Mr. Surinder Sarup (Retd.) President: This appeal is against the order of the Distt. Forum, Shimla camp at Solan, dated 14.9.2001. By the said order the appellants have been directed to trace the misplaced Cheque within 30 days and thereafter to credit the amount in the Saving Account No. 6707 of respondent No. 1 alongwith admissible interest, failing which the said amount of Rs. 24,400-00 shall carry interest at the rate of 9% per annum from 19.4.1997, date of deposit of Cheque, with litigation cost of Rs. 1000-00. 2. We have heard the teamed Counsel for the parties and we have seen the record. 3. As stated in the impugned order, on behalf of the applicants, it was admitted that the Cheque Amount No. 24,400-00 had not been credited in the account of respondent No. 1, though it was deposited with them. It has also been admitted that a registered letter sent to the UCO Bank, Theog for realisation of the said cheque was misplaced during transmission. Therefore, as per settled law on the subject, the appellants i.e. the Central Office and the Branch Manager, of the State Bank of India have been rightly held liable by the learned Forum below for deficiency in service. Reference in this behalf may be made to decisions of the Punjab, Uttar Pradesh and Jammu and Kashmir State Commissions as reported in 2001(1) CPJ 391, 2002(1) CPJ 398 and 1995(1) CPJ 232 respectively. 4. The learned Counsel for the appellants has placed a reliance on a decision of the Supreme Court f- the case of Consumer, Unity and Trust Society v. Chairman and AD Bank of Baroda, 1995 ISJ (Banking) 404. On going through the same we find that the said decision is not applicable to the facts of the present case. 5. For the reasons recorded above we find no error in the impugned order and the appeal is dismissed.