Order

Heard learned counsel for the appellant. None appears for the respondent.

2. Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3. The unfolded story of the complainant is that the complainant has purchased three Bank Drafts bearing No. 170362, 170363 an 170364 on 1.12.2006 for an amount of Rs.50,000/- each at S.B.I., Jajpur Town Branch and it was issued in the name of Biswa Ranjan Mallik for the marriage ceremony of the daughter of the complainant. It is alleged by complainant that the drafts issued at S.B.I., Sora were lost and subsequently the marriage of the complainant’s daughter was cancelled. Complainant applied for three duplicate drafts to OP No.1 but OP No.1 took time for completion of formalities. Due to delay in supply of duplicate drafts, the complainant suffered a lot and filed the consumer complaint.

4. Per contra, OP No.1 filed written version stating that the grievance of the complainant was not known to OP No.1 and they have never received any complaint about non-payment of the amount but they submitted that after observing formalities, they issued the duplicate draft and handed over it to the complainant. However, they have received the request from the complainant to issue the duplicate drafts and accordingly, they issued the same. Since the complainant has not produced the duplicate draft for payment, the valid period for duplicate draft up to 20.3.2008 was over. Due to non-receipt of duplicate draft from the complainant in time, they could not encash the draft in time. There is no deficiency in service on the part of OP No.1.

5. Learned District Forum after hearing both parties passed the following order:-

“xxx xxx xxx The dispute is allowed against the OP No.1 and 2. The OP No.1 is directed to credit to the SB A/c of the petitioner Rs.1,50,000/- against 3 numbers of duplicate drafts along with 9% interest per annum from 04.04.07 till payment is made. We also allow Rs.5,000/- (five thousand) as cost of the dispute to be paid by OP no.1 to the petitioner. Likewise the petitioner is also directed to produce the following documents before OP no.1 for payment.

A. To present the original 3 duplicate drafts to OP no.1 within 7 days after receipt of the order as well as.

B. Indemnity bond of Rs.1,50,000/- by the petitioner.

C. Indemnity bond of Rs.1,50,000/- by one surety with proper identify acceptable to the bank.

D. Cancellation fee of Rs.100/- for each draft.

E. S.B.A/c Number.”

6. Learned counsel for the appellant submitted that the learned District Forum has committed error in law by not realizing the problem faced by the OP to issue the duplicate drafts purchased in the name of Biswa Ranjan Mallik. However, he submitted that they have already complied the order of the learned District Forum on payment of amount of three drafts for Rs.1,50,000/- but candidly admitted that they have not paid the interest accrued on it. So he submitted to decide the appeal accordingly.

7. Considered the submission of learned counsel for the appellant and perused the DFR including the impugned order.

8. Since Rs.1,50,000/- has been paid but interest thereof accrued under banking norms not paid, we find deficiency in service on the part of the OPs. However, considering the fact that OP have already paid draft amount to complainant long back, we modify the impugned order by directing OP to pay interest accrued on said Rs.1,50,000/- under banking norms for FD amount to complainant from 1.12.2006 till payment is made within 45 days from today. The cost of Rs.5,000/- made by the learned District Forum is hereby set aside. If aforesaid order is not complied within the time as directed, the entire impugned order would be revived.

7. The appeal is disposed of accordingly. No cost.

DFR be sent back forthwith.

Supply free copy of this order to the respective parties or the copy