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Legal Case Shots

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Consumer RightsSupreme Court of India

Sunil Kumar Maity vs State Bank of India and Anr.

Civil AppealDecided 21 Jan 2022
Civil Appeal No. 432 of 2022
Sanjiv Khanna · Bela M. Trivedi

Background

The appellant held a savings account with SBI whose account number was changed twice by the bank. On one occasion a bank staff member wrote the wrong (changed) account number on his passbook, and later he deposited a cheque for Rs. 3,00,000 which, due to this confusion, ended up credited to the account of a different customer with a similar name (also called "Sunil Maity"), who then withdrew Rs. 3,00,000 from that account. The Consumer Forum and the State Consumer Disputes Redressal Commission both ruled in the appellant's favour after detailed appreciation of the evidence, but the National Consumer Disputes Redressal Commission reversed this on revision, relying on a fresh report it had itself called for from the bank during the revision proceedings.

Decision Breakdown

The Supreme Court held that the National Commission's revisional jurisdiction under Section 21(b) of the Consumer Protection Act is extremely limited (it may interfere only if the lower forum acted without jurisdiction, failed to exercise jurisdiction, or acted illegally/with material irregularity) and that the National Commission overstepped this limit by calling for and relying on a fresh report from the bank (the very litigating party) without any formal application for additional evidence under Order 41 Rule 27 CPC. The Court also held that the National Commission was wrong to say the complainant could go to civil court and use Section 5 of the Limitation Act, since that provision does not apply to institution of a civil suit. Finding the State Commission's detailed, reasoned analysis (contrasting the signatures and account histories of the two "Sunil Maity"s) sound, the Court set aside the National Commission's order and restored the State Commission's order in the appellant's favour.

Lesson Learnt

A revisional body like the National Consumer Commission cannot re-open concluded facts by soliciting fresh evidence from one side during revision: its power is confined to correcting jurisdictional errors or illegality, not re-appreciating evidence like an appellate court.

Sunil Kumar Maity vs State Bank of India and Anr. – Legal Case Shots | LegalAware