KAUSHAL KUMAR SAHU Vs. ICICI BANK LTD.

JUDGEMENT

(1.) THIS is an appeal of the complainant who has preferred a complaint before District Forum, Raipur regarding deficiency in service by the respondent Bank. That matter was ultimately decided against the complainant and the complaint was dismissed. Feeling aggrieved by the order dated 17.1.2008 in Case No. 288/2007 of dismissal of complaint, he has come before this State Commission, by way of this appeal.

(2.) IT is not in dispute, that the appellant complainant was having current account in Choubey Colony branch of ICICI Bank, G.E. Road, Raipur. He issued a cheque of Rs. 8,350 on 13.5.2007 in favour of M/s. A.K. Agencies, Gudhiyari, Raipur regarding business transactions. The cheque was presented by the payee in the Bank which was dishonoured by the Bank with memo that funds in the account of the complainant were insufficient. It has been averred in the complaint that sufficient amount to honour the cheque was available in the Bank account of the complainant. This fact was admitted by the Bank also before the District Forum, Raipur.

(3.) IN defence, it was submitted that the branch of the bank was fully computerized and on the date of occurrence there was some fault in operation of the computers of bank and the computer itself had rejected the cheque and dishonoured it showing that the amount was not sufficient. Therefore, the memo was issued. It has also been averred in the reply that the cheque could not be cleared on account of mechanical defect of the computer which was beyond the control of the Bank and, therefore, there was no deficiency in service on the part of the Bank.