Mispacement of cheque by banker

DWARKA (Querist) 30 April 2011 This query is : Resolved
I deposited a Rs 3 lakhs cheque with Vijaya bank, the said cheque was dishonoured.Bank deducted service charges from my S.B.A/c, but misplaced the cheque due to their negligence.I could not get the amount from the client.Later, Bank got another cheque from the said person, but it was misspelt, post dated and without a/c no and of another bank.

I complaint to ombudsman, but,he passed order without any hearing, then I approached Dist consumer Court, which passed an order in my favor for cheque amount with int @ 5% p.a.now Bank had appealed to State Consumer forum and got the stay.alredy 7-8 yaers passed.I am in urgent need of money for medical treatment of my handicappped son,
Pls guide me the way for early recovery of money from bank.

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M.Sheik Mohammed Ali (Expert) 30 April 2011
either go appeal in consumer forum or file a case at high court, what you said reason.

Devajyoti Barman (Expert) 30 April 2011
The High Court or the Supreme Court can do nothign when the State Commission is already in seisin of the matter.
When the case for negligence is already pending before the State Commission you ca not initiate another proceeding on the same cause of action.
The relief you can get if you could succeed to expedite the appeal and get it disposed of for which you have attract the attention of the Appellate Forum by highlighting your absolute plight.

Advocate. Arunagiri (Expert) 30 April 2011
File a petition before the State Forum, for vacating the stay.

M/s. Y-not legal services (Expert) 30 April 2011
Yes.. File a petition for vacate the stay before the state forum..

Rayomand (Expert) 01 May 2011
You Should better prosecute the matter in the state forum for vacation of Stay. In the State Forum You Should file an application for grant of Early Hearing or in the Alternative for expeditious hearing in the matter disclosin the urgency & follow the same alongwith your Counsel. Further you should file Execution Proceedings before the District Forum for implementation of the Award of the District Forum Within the stipulated time period for execution..