Mr. Justice G.M. Mir, President—The State Bank of India, Purani Mandi, Jammu has filed this appeal against the order passed by the Divisional Forum Jammu dated 17.1.1994. This appeal came to be filed by the appellant on 24.2.1994 alleging therein that the responsibility for non-payment of Rs. 5,000/- to the daughter of Shri O.N. Kaul at Madras sent to her by telegraphic money order, has been illegally fastened on the appellant.

2. The facts before the Divisional Forum Jammu were that Shri O.N. Kaul directed the appellant to telegraphically transmit Rs. 5,000 /-. to his daughter. This was done by him on 3.7.1992 but the daughter did not receive the amount in time. The complainant then requested the appellant to send another telegram which was sent by the appellant but again the payment to the daughter of the complainant was not made in time. The notices were issued by the Divisional Forum Jammu to all the respondents who filed objections.

3. The case of the appellant before the Divisional Forum was that the failure for non-payment to the daughter of the complainant was not because of any negligence on its part and that if there was any negligence it was on the part of the Telecom