The main legal point established in the judgment is that revisional powers can only be exercised if there is a prima facie jurisdictional error in the impugned order.

ORDER

V.B. Gupta, (P.M) - Petitioner/opposite party has preferred this Revision challenging impugned, order dated 20.11.2014, passed by State Consumer Disputes Redressal Commission, Delhi (for short, 'State Commission').

2. Brief facts are, that Respondent/Complainant filed a consumer complaint before Consumer Disputes Redressal Forum-II, New Delhi, (for short, District Forum) on the allegations that despite his instructions, cheques bearing No. 773086 and 773096 amounting to Rs. 19,131 each, were cleared by the petitioner in favour of HDFC Bank on 1.9.2015. Respondent also wrote a letter to the petitioner requesting them to stop payment of the cheques bearing Nos. 773087 to 773100 and 773101 to 773109. Thus, alleging deficiency on the part of the petitioner, respondent prayed for following reliefs:

"(ii) Restrain the respondent from making entries as dishonour of the cheques for the month of February, 2007 to July, 2007,

(iii) award Rs. 38,262.00 (amount of the two cheques wrongly encashed) and Rs. 1,994 along with interest @ 18% p.a. interest in favour of the complainant and against the respondent,

(iv) award Rs. 2,00,000 as compensation for deficiency in service, harassment, inconvenience, loss of goodwill and damage to the reputation of the complaint in his favour and against the respondent,

(v) award present and future interest @ 18% p.a. on the above sums,

(vi) award costs of Rs. 25,000. "

3. Petitioner in his written statement has submitted, that no stop payment instructions were received for cheque No. 773086, which was presented for payment and was cleared it on 9.8.2005. Stop payment instructions were received for cheque Nos. 773087 to 7730109 on 1.9.2005. That thereafter all the cheques being presented by HDFC Bank have been returned unpaid by the respondent except cheque bearing No. 773096, which was inadvertently cleared by it on 8.6.2006 due to system migration from one software to the other and the earlier/previous instructions fed in the system was not accepted by the system. Further, no stop payment instructions were issued by the respondent prior to the instructions dated 1.9.2005 except letter dated 6.5.2005, which pertained to one cheque bearing No. 773083 dated 7.5.2005. The said cheque was not cleared as per the instructions given by the respondent.

4. District Forum vide order dated 17.5.2012, allowed the complaint and passed following directions:

"(i) The O.P. shall pay Rs. 38,262 to the complainant.

(ii) The O.P. shall also pay interest @ 18% p.a. on Rs. 38,262 from the date of the withdrawal of this amount i.e. August, 2005 till realization.

(iii) The O.P. shall also pay Rupees one lacs as compensation for mental agony, harassment and sheet suffering and the loss of the goodwill inclusive of the litigation charges."

5. Being aggrieved, petitioner filed appeal before the State Commission, which dismissed the same being devoid of any merits.

6. It is submitted by learned Counsel for the petitioner that respondent has not placed any document in support of its case that stop payment instructions were issued with regard to cheque No. 773086. Both Fora below, have committed error in awarding compensation and damage for cheque bearing No. 773086, for which no stop payment instructions were received by the petitioner.

7. District Forum in its order held:

"Opposite Party has admitted in para No. 5 of the written statement that the cheque bearing No. 773096 was cleared on 8.6.2006. Complainant has filed a copy of the letter dated 1.9.2005 which is Exhibit C2. In this letter, it is specifically mentioned which was addressed to the Manager of the Bank to stop the payment of cheque Nos. 773087 to 773100 and 773101 to 773109. This letter is received by the Bank on the same day for stoppage of the payment it goes to show that the cheque numbers which have been mentioned on this letter cannot be encashed by the O.P. after 1.9.2005. Admittedly cheque No. 773096 for the stoppage of the payment was made by the Complainant which