CHAIRMAN AND MANAGING DIRECTOR INDIAN OVERSEAS BANK NO ANNA SALAI MADRAS 00 00 Vs. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ROOM 35 CITY CIVIL COURT MAIN BUILDING 1ST FLOOR MADRAS

JUDGEMENT

(1.) BEING aggrieved by the order of the learned single Judge in W.P.No.19609 of 1990, the appellants have filed the above appeal.

(2.) THE second respondent, a Chartered Accountant by profession, on 24.5.1990, obtained an uncrossed open demand draft for Rs.50,000 from Indian Overseas Bank, Cathedral Branch, Chennai encashable in the same Bank, but at Karaikudi Branch. According to the second respondent, he presented the draft for payment on 2.6.1990 but however the Bank entertained a difficulty with regard to identification and thereupon, the second respondent went to the Regional Office at Karaikudi and he got his signature attested by an Officer of Regional Office and the same was sent through his daughter to the Branch for encashment. THE Bank failed to pay the amount to the daughter of the second respondent but on the other hand handed over the draft to the second respondent when he went there after some time following his daughter and hence there was deficiency of service by the Bank.

(3.) THE learned counsel appearing for the appellant contended citing various judgments that the power conferred under Article 226 of Constitution of India on this Court is very wide and in the absence of any limitation in the Consumer Protection Act, 1986, this Court can entertain the writ petition and consider the same on merits. Secondly it is contended that notwithstanding the fact that the Bank was not aware of the identity of the second respondent, who was holding then the demand draft in question with necessary identification by an officer of the Regional Office at Karaikudi, was making arrangements for payment while the second respondent rushed to the desk and took away the demand draft without encashment, abusing the staff.