Bhanwar Singh, President—Heard Sri Mahesh Chandra, learned counsel for the State Bank of India and Sri Prem Mohan, learned counsel for the respondents.

2. This appeal is directed against the judgment and order dated 22.10.2005 passed by the District Consumer Forum, Allahabad in complaint case No 258/2004. By virtue of the judgment in appeal the District Consumer Forum, Allahabad has directed the State Bank of India to pay the sum of Rs 2,79,000 along with interest at the rate of 9% per annum to the complainant. According to the complainant, he opened a Savings Bank Account No. 491 with the State Bank of India, Telephone Industry, Naini Branch, Allahabad and in order to operate the said account a cheque book was issued to him. He had deposited in the aforesaid bank account the entire money he received at the time of his retirement. As advised by the Bank authorities he filled up a form for operation of the bank account through ATM facility but he had never received the ATM card and as such there was no question for him to have withdrawn any money through the ATM facility. On February 13, 2004 he got a new cheque book issued to him and it was on that date he had come to lea