Reserved

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal  No. 1999 of  2010

State Bank of India, Main Branch, Moradabad.  …Appellant.                                                                         

1- Shiv Muni Yadav.

2- ICICI Bank through Manager, ICICI Bank Ltd.,

    New Delhi Branch, 9A, Phelps, Cannaught

    Place, New Delhi-110 001                     ….…Respondents.

Present:-

1- Hon’ble Sri Rajendra  Singh, Presiding Member.

2- Hon’ble Sri Sushil Kumar, Member.

Sri Anshumali Sood, Advocate for appellant.

Sri Sanjay Kumar Verma, Advocate for the respondent.

Date  16.9.2021

JUDGMENT

Per Mr. Rajendra Singh, Member: This appeal has been preferred against judgment and order dated 27.10.2010 passed by the District Consumer Commission-II, Moradabad in complaint case no.190 of 2009.

          In short, the grounds of appeal are that, on 4.12.2007 the respondent/complainant deposited two cheques dated 8.6.2007 drawn on ICICI Bank, New Delhi bearing nos. 779904 & 779903 for Rs. 100000.00 each for credit into his savings account no.108965517274 with the appellant Bank. These cheques were alleged to have been dropped in the ‘Drop Box’ at the Bank. The appellant bank filed a reply before the District Consumer Forum stating therein inter alia that only one cheque no.779904 for Rs.100000.00 was deposited on 6.12.2007. This cheque was credited in the savings account of the respondent on 7.12.2007 and sent for

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clearing. However, this cheque was returned unclear and unfortunately instead of debiting the account of the respondent, another credit of Rs.100000.00 was entered. Hence, instead of credit of Rs.0.00 the savings account of the respondent was credited with Rs.200000.00. This fact came to the knowledge of the appellant Bank during inspection. Uncleared cheque was returned to the respondent by registered post. The respondent/complainant alleged in his complaint that he kept on using the above credited amounts in his savings account from 11.12.2007 to 11.1.2008. That on 16.4.2008 there was a credit balance of Rs.20214.89 in his account. On 20.5.2009 the respondent deposited Rs.200000.00 by treasury cheque in  his savings account which could not be withdrawn as a ‘Hold’ had been placed on the account by the appellant bank in order to recover the earlier wrongly credited amount of Rs.200000.00. When the respondent deposited the treasury cheque for  Rs.200000.00 on 20.5.2009, the earlier wrongly credited Rs.200000.00 was recovered by the appellant bank. The respondent utilized the erroneously credited amount of Rs.200000.00 w.e.f. 7.12.2007 till 20.5.2009 due to which the appellant bank was entitled to receive interest from the respondent. That for the recovery of the interest amounting to Rs.48942.00 the appellant Bank filed O.S. no.512 of 2009 in the court of Civil  Judge (Senior Division), Moradabad. Being aggrieved by the above suit the respondent/complainant preferred the complaint before the District Consumer Forum, Moradabad-II on 5.9.2009.  Being aggrieved with aforesaid suit the respondent also filed an application under section 156(3)

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Cr.P.C. before the Chief Judicial Magistrate, Moradabad on 23.10.2009 and thereafter, an FIR  was lodged at the instruction of CJM, Moradabad on 4.2.2010 at Police Station Civil Lines, Moradabad under sections 420, 394, 504, 506 and 342 I.P.C. bearing crime no.98 of 2010 against the appellant Bank and Sri Naveen Manchanda, Mana