1993 (8) TMI 238

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..... dent The appellant, the original opposite party No. 3, Bank of Baroda, has preferred the appeal against the order by the District Consumer Disputes Redressal Forum, Junagarh, directing to pay interest at the rate of 18 per cent on the draft amount of Rs. 3,000 from the date of application till realisation and cost Rs. 500 holding that the draft sent by the respondent Nos. 1 and 2 alongwith the ap .....

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..... ent interest and cost of Rs. 500. The complaint was filed against Tata Elxsi (India) Ltd. with Tata Consultancy Service, Bank of Baroda and Syndicate Bank, Rajkot. After the replies were filed, it transpired that Bank of Baroda had not sent the application to respondent Nos. 3 and 4 as the application was rejected as the draft was not favouring Bank of Baroda and, therefore, relief is granted only .....

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..... o the Bank of Baroda, Rajkot. The specific instruction in the application form is that the cheque must be made payable to any of the bankers to the issue and marked "Account TEIL Public Issue", ie., American Express Bank Ltd. "A/c. TEIL Public Issue". Admittedly, the application form was submitted to Bank of Baroda but the draft was not favouring Bank of Baroda. Bank of Baroda, therefore, could .....

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..... Bank. They should have presented the application form along with the draft to the Canara Bank which was also the collecting bank for the public issue. 6. The appellant had returned the draft to the respondent No. 1 through courier service Maruti travel and cargo, Junagarh-but the envelop was returned with the endorsement that no such person was available in the District Court. The respondent N .....

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..... y is residing or carrying on the business or where the cause of action has arisen. The District Forum Junagarh had no jurisdiction to try the complaint. The result is that the appeal should be allowed and the order by the District Consumer Disputes Redressal Forum, Junagarh, should be set aside. The appeal is allowed. The order by District Consumer Disputes Redressal Forum, Junagarh, is set asid .....

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