CANARA BANK Vs. R.K. TRADING COMPANY

JUDGEMENT

(1.) AS it is an old appeal of 1995, we deem it appropriate to decide it on merit.

(2.) THE judgment dated 10.7.1995 of the District Consumer Forum, Farrukhabad has been impugned by virtue of this appeal on the ground that the concerned District Forum had no jurisdiction and the respondent/complainant had no cause of action to file the complaint against the bank.

(3.) ACCORDING to the complainant he had issued a cheque for Rs. 4,177 in the name of Satish Chandra Gupta of Kanpur and when the latter presented the said cheque through proper channel, it was dishonoured. Then the complainant approached the Canara Bank's officials. He was meted out with misbehaviour and scolded with a threatening to have him implicated in a case of fraud. He then sent a notice on 14.12.1993 through his Counsel which was neither replied nor acted upon. He requested the bank to remit his entire dues lying in his bank account No. 2306 with the Canara Bank, Birhana Road, Kanpur. Eventually the complaint was filed which was not contested by the bank, as a consequence ex parte proceedings were drawn.