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UNION TERRITORY CONSUMER DISPUTES
REDRESSAL COMMISSION, CHANDIGARH
Honble Mr. Justice J.B. Garg, President;
Mr. Sada Nand & Mrs. P. Ojha, Members
PUNJAB NATIONAL BANK & ANR.—Appellants
versus
MRS. RANBIR KAUR & ANR.—Respondents
Appeal Case No. 6 of 1997—Decided on 27.3.1997

Advocates:
Counsel for the Parties :
For the Appellants :Mr. Ashok Sharma, Advocate.
For the Respondents:Mr. Anil Sharma, Advocate.

The main legal point established in the judgment is that in cases of delay in crediting amounts to bank accounts, the party suffering the delay may be entitled to interest for the period of delay, especially if the delay is due to the deficiency on the part of the bank.

Headnote:

Delay in Crediting Amount - Joint Savings Bank Account - The court held that the delay in crediting the amount to the joint savings bank account was due to gross deficiency on the part of the bank, and the appellants were entitled to interest for the period of delay.

Fact of the Case:

Ranbir Kaur and Dalbir Kaur possessed a joint Savings Bank Account in Punjab National Bank. A sum of Rs. 39,925 was disbursed to them by means of a voucher, which was lost in transit or at the bank's premises, resulting in a delay of 2 years 11 months 20 days in crediting the amount to their account.

Finding of the Court:

The court found that the delay in crediting the amount was due to gross deficiency on the part of the bank, and the appellants were entitled to interest for the period of delay. The court dismissed the appeal with costs.

Issues: The main issue was the delay in crediting the amount to the joint savings bank account and whether the appellants were entitled to interest for the period of delay.

Ratio Decidendi: The court held that the delay in crediting the amount was a result of gross deficiency on the part of the bank, and the appellants were entitled to interest for the period of delay. The court also rejected the contention that the rate of interest should be lowered.

Final Decision: The appeal was dismissed with costs, and the court held that the appellants were entitled to interest for the period of delay.

ORDER

Mr. Justice J.B. Garg, President—Ranbir Kaur and Dalbir Kaur possessed joint Savings Bank Account No. 18707 in Punjab National Bank, Sector 16, Chandigarh. A sum of Rs. 39,925/was disbursed to them by means of voucher by Motor Accident Claims Tribunal, Chandigarh on 18.7.91. This voucher was presented by the aforesaid two ladies to the Punjab National Bank, Sector 16, Chandigarh for collection and crediting to their Savings Bank Account. It appears that the voucher was lost either in transit or at the premises of the main office of Punjab National Bank, Sector 17, Chandigarh. The amount in question was credited after a delay of 2 years 11 months 20 days on 7.7.94. On a complaint instituted it has been ordered by the District Forum, Union Territory, Chandigarh on 11.10.96 that the complainants are entitled to interest @ 18% p.a. for the aforesaid period of delay. Aggrieved against it, the present appeal has been attempted.

2. On behalf of the appellant it has been argued that there was no wilful delay because the voucher was lost either in transit or at the premises of main office of the appellant-Bank. On behalf of the respondents it has been told that Col. G.S. Gill, retired brother of the respondents had been making frantic efforts to get the aforesaid voucher credited in the aforesaid account of his sisters and approached the Bank authorities frequently. There is also an affidavit of Smt. Ranbir Kaur, one of the appellants in this behalf and it has not been rebutted. Even if there was a loss of valuable voucher at the premises of the appellants it appears that no quick steps were taken to fulfil the formal requirements and for crediting the amount in question. Considering the long period taken in the case, there was gross deficiency especially when the Issuing Authority, the appellant Bank and the client, all were at Chandigarh. The last contention raised on behalf of the appellants that the rate of interest should be lowered too has no merit. The conclusion is that the appeal fails and it is hereby dismissed with costs. Counsel fee Rs. 500/-.

3. Announced. The order be communicated to the parties free of charges.

Appeal dismissed.



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