ICICI BANK LIMITED AND ANR Vs. GURPREET SINGH

JUDGEMENT

(1.) THIS appeal by opposite parties is directed against the order dated 14.11.2008 passed by District Consumer Forum -I, U.T. Chandigarh whereby the complaint filed by Sh. Gurpreet Singh, respondent/complainant was allowed in the following terms:

(2.) THE facts culminating to the commencement of this appeal may be recapitulated thus:

(3.) ON the other hand, the case of OPs before the District Forum was that the first cheque issued by the complainant was presented for encashment with his bankers, however, it was received back with the remarks 'referred to drawer' and it was clarified to the complainant vide letter Annexure C -2. It was also submitted that the State Bank of India, with whom the said cheque was presented failed to explain the reason for non -encashment of the said cheque. The complainant after verifying the facts issued another cheque which was duly encashed and thereafter the OPs had stopped charging any interest. It was pleaded that the whole fault was of State Bank of India and not of OPs and prayed for dismissal of the complaint.