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Judgment
Ram Surat Ram Maurya, Presiding Member
IA/7662/2023 has been filed by the petitioner for recalling of order dated 23.05.2023 and restoring the IA/3960/2023 in its original number. It has been stated that on 23.05.2023, the main counsel was in hospital and was discharged from the hospital on 25.05.2023. Although, the proxy counsel appeared for the main counsel on that day but the application was dismissed as not pressed. There was no instruction as to not press this application. The order dated 23.05.2023 for dismissing the IA/3960/2023 is recalled. IA/3960/2023 is restored to its original number.
In spite of service of the notice nobody appears for the respondent. The above revision petition has been filed against of the State Consumer Disputes Redressal Commission, West Bengal dated 12.03.2020 passed in First Appeal No. A/374/2019 dismissing the appeal of the petitioner and the order of District Consumer Disputes Redressal Commission dated 19.03.2019 allowing the CC/77/2018 filed by the respondent and directing the petitioner to refund Rs.590/- to the complainant and pay Rs.4000/- as compensation for deficiency in service and Rs.1000/- as litigation cost. Interest @ 8% per annum on the above amount.
The complaint was filed with allegation that the complainant issued a cheque of Rs.270000/- on 07.03.2018 which was presented before the petitioner Bank on 08.03.2018. Although, in the account of the complainant there was sufficient amount but the cheque was dishonoured on the ground of insufficient amount.
The State Commission in the impugned order found that a perusal of statement of account of the respondent shows that on 08.03.2018 there was Rs.372999.02/- in his account and the cheque was for the amount of Rs.270000/- as such it was illegally dishonoured by the petitioner Bank.
According to the petitioner, the complainant was maintaining a saving bank account in the branch of the complainant which number was 50100223833225 and the complainant was also having share trading and united account which number was 3175386 in the branch of the petitioner. On 08.03.2018, the complainant purchased share of Yes Bank at 11:10:14 and 11:11:13 of Rs.5974.08/- and, therefore, balance in saving account has become below Rs.270000/- due to this reason cheque was dishonoured. The petitioner has produced entry of share trading united account dated 08.03.2018, from which above fact is proved. There was no illegality on behalf of the petitioner. Findings recorded by Commission below are vitiated due to non-considering relevant evidence and are liable to be set aside.
ORDER
The revision petition is allowed. The order of State Commission dated 12.03.2020 passed in First Appeal No.A/374/2019 and the District Forum dated 19.03.2019 passed in CC/77/2018 are set aside, CC/77/2018 is dismissed.