AVM J. RAJENDRA
HDFC Bank Ltd. – Appellant
Versus
Anurag Gupta – Respondent
ORDER
This Revision Petition No.2250 of 2016 challenges the order of State Consumer Disputes Redressal Commission, UP, Lucknow (‘the State Commission’) dated 18.03.2016. Vide this order, the State Commission dismissed Appeal No. 2084 of 2010 and affirmed the District Consumer Disputes Redressal Forum-II, Agra (‘the District Forum’) order dated 15.11.2010.
2. The present Revision Petition was initially dismissed as barred by limitation by this Commission vide order dated 14.09.2018. In response, the Petitioner/OP filed Civil Appeal Nos. 12260-12261 of 2018 before the Hon’ble Supreme Court. The Hon’ble Supreme Court allowed the Appeal thereby condoning the delay in filing the Revision Petition. Consequently, the Supreme Court set aside the order of this Commission dated 14.09.2018. As a result, the matter was remitted back to this Commission for determination on merits.
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3. Brief facts of the case, as per the Complainant, are that he had held a Savings Bank Account (No. 1211000003240) with Opposite Party (OP) Bank at Sanjay Place, Agra. On 21.09.2002, he deposited a Payment Warrant (No. 6540222699) for USD $15,000 into his account. The OP Bank assured him that the payment
(1) Payment – Without receiving the payment from the issuer of the payment warrant, the OP Bank cannot be compelled to credit the funds to the Complainant’s account.(2) Custodian – The OP Bank is the....
Banks are liable for negligence in safeguarding customers' cheques, leading to compensation for misappropriated funds.
National Commission – Revisional Jurisdiction of National Commission under Section 21(b) of the Consumer Protection Act, 1986 is extremely limited.
Banking services – Deficiency in service – Manifest deficiency in service on part of OP/Bank in dealing with cheques delivered by complainants, which could not have been encashed as same had become s....
“In new of facts and circumstance of the case if mater is found to be a subject of fresh consideration, remand of matter held justified.”
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