STATE CONSUMERD ISPTUES REDRESSAL COMMISSIONO, DISHA, CUTTACK FIRST APPEAL NO. 792 OF 2012 (From an order dated 27.08.2012p assed by the District ConsumerD isputes RedressalF orum, Cuttack, in C.C. No. 277 of 2011)

Sri JagannathK ishore Agrwala, Prop: M/s GeetejS ales &S upply, At-Santi Nagar, Malisahi,B .K.Road, Cuttack -l residing at BiswanathN ilaya Appartment, Maa Tarini Lane, B.K. Road, Malisahi, EO, Buxibazar,D ist.-Cuttack-1 ...Appellant -Versus Manager, CentralB ank of India, Mahatab Road Branch At-Mahatab Road, P.0.-ArundayaM arket, Town/Dist.-Cuttack

2. The Deputy General Manager, Central Bank of India Regional Office, 94, Janapath,B hubaneswar-1 Dist.-Khurda.

...Respondents.

Counsel for the Appellant:M r. T.K. Satapathy Counsel for the Respondent No. 1 &2:M r. P.K.M ohapatra PRESENT:

The Hon'ble Shri P.K. Prusty, Member AND Hon'ble Shri Hemant K. Mohanty, Member Date of hearing: 02.04.2025 Date of order: 28.04.2025 ORDER SHRI P.K. PRUSTY, HONBLE MEMBER:

This appeal has been filed U/s. 15 of erstwhileC onsumer ProtectionA ct, 1986 against the order dated 27.08.2012 passed by the District Consumer Disputes Redressal Forum, Cuttack, in C.C.N o. 277 of 2011.T he complainant is the appellanti n this case. Parties to this appeal are referredi n their respective statuses before the DistrictF orum in the consumer complaint.

2. The case of the Complainanti n brief is that he is the proprietoro f a business establishmenti n the name and style M/s. Geetej Sales and Supply at Shanti Nagar, Malisahi, B.K. Road, Cutack, For his businessh e had opened one cash credita ccount No.3091205546i n Central Bank of India, Mahatab Road Branch, ufaskThe complainant had business deals with M/s. ChandinË Electricals, iSPUTE BolängiACordingto the complainantt he said Chandini Electricalsp urchased some elècjcal goods worth Rs,69,351.98 under Tax Invoice No.427 dt.28.10.2 Eo rom the complainant's establishment and issued an acçount payee cheque/ bearing No.002143d. t.28.10.10 on Central Bank of India, Bolangirn dvour of the complainantt owards the price of the goods purchased. Att h t-tuñe the complainantw as having his account with the Central Bank of India, Nayachowk Branch. The complainant presented the cheque with the Central Bank of India, Nayachowk branch for collection of that amount and accordingly the amount of Rs.69,351.98 was collected and deposited in the account of the complainant.A fter a lapse of about 10m onths, the. complainant received a letter dt.28.07.2011 fromn 0.P No.1, wherein the O.P. No.1 intimated the complainant that it had recovered Rs.75,593,98 from his account, which includes the wrong ^{payment of Rs. 69,351.98 and the} interest thereon ^since Chandini Electricals,B olangir (drawer of cheque) h¡d ^instructed Central Bank of India, Bolangir Branch (Service Branch) to stop payment of. the cheque Ssued by it to the complainant. It is the allegation of the complainant that recovery of Rs.75,593.98b y 0.P No.1 from his account is illegal and it amounts to deficiency in service. Complainanth as filed the complaint case with a prayer to direct the Resp0ndent Bank to return the amount to the tune of Rs.75,593.98 to his accountw ih interestt ogetherw ithc ompensaticna nd costof itigation.

3. On receipt of notice the Opp. Parties appeared before learned District Commission and filed written version jointly,w herein it has been pleaded inter alia that the complaintf iled by the complainanti s not maintainables ince there is no cause of action to file this complaint. The specific case of the Opp. Parties is that M/s. ChandinEi lectricals,B olangiri s an account holder of the Central Bank of India, Bolangir Branch. On 30.12.09 the Proprictor of M/s. Chandini, Electricals, Bolangir submitted a representationb efore Central Bank of India, SPUTES Bolaneir Branch stating that he had some dispute relating to their business (cid:30)transatËon with th¹ complainant'su nit and in course of business transactionh e had hàndei over an undated blank c