S.N. Kapoor, Presiding Member— In this matter the State Commission set aside the order passed by the District Forum taking into consideration that though the Postal Department initially had taken a stand that the registered letter had been delivered to the addressee, but ultimately their stand was that the registered letter had not been delivered to the addressee, the petitioner bank.

2. It may be stated that the complainant appellant had sent consignments of the value of Rs.2,02,336 on 10.4.1997 of hand loom sarees to M/s. Bhagawati Saree Emporium Gowri Chowk, Patna through M/s. Economic Transport Organization, Patna. The documents were sent through Dena Bank, Coimbatore to ensure payment. Neither the amount was credited nor the documents were returned. When the complainant/petitioner wrote letters dated 27.5.97 and 2.6.1997, it was transpired that registered letter No. R/1924 addressed to the Central Bank of India, Patna had been delivered to Jagadamba Vastralaya at Fatehpur, EDSO, Patna on 28.4.1997. As such, the documents did not, reach to the Manager, Central Bank of India, Guljani Bagh, Patna.

3. There is no dispute about the fact that not only the Dena Bank received pa