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Judgment
CANARA Bank floated a scheme for deposits and repayments to be made after eight years. In this scheme the depositors were expected to receive three times the money deposited. John Mountrie David, complainant, resident of Chandigarh sent one cheque of Rs. 15,000/- and another of Rs. 10,000/- on 30.11.1991. He did receive the certificates against the cheque for Rs. 15,000/- but no certificate was received as against the cheque for Rs. 10,000/-. A complaint was instituted in which CANARA Bank was respondent No. 1 and M/s. Can Bank Financial Services was respondent No. 2. The District Forum ordered the refund of Rs. 10,000/- together with interest @ 18% on 5.7.96 ex-parte. Aggrieved against it, the present appeal has been preferred by CANARA Bank.
ON behalf of the appellant, it has been stressed that they were never served, otherwise there was no reason for the local Bank not to appear and oppose the complaint. On behalf of the appellant our attention has been drawn to a letter dated 22.8.96 from Punjab & Sind Bank addressed to the Manager, Canara Bank, Sector 17C, Chandigarh which contains specific information that Cheque No. 021180 dated 30.11.91 for Rs. 10,000/- was never debited to Savings Bank Account No. 697 of Shri John M. David. Thus it is a case where the appellant never received the sum of Rs. 10,000/- nor it was actually remitted by the complainant inasmuch as the alleged cheque was never debited and the respondent was not entitled to any certificates. The conclusion is that the appeal succeeds, the impugned order against the appellant is hereby set aside.
Connected Appeal No. 43 of 1996 preferred by M/s. Can Bank Financial Services Ltd., the co-respondent in respect of the same event also succeeds and stands disposed of by this order.
ANNOUNCED. The order be communicated to the parties free of charges. Appeal allowed with connected Appeal No. 43 of 1996.