STATE BANK OF INDIA Vs. HARISHCHANDRA SINGH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 28.4.1997 passed by District Consumer Forum, Raebareili passed in Complaint Case No.247 of 1996.

(2.) The facts of the case stated in brief are that the complainant filed the complaint praying for payment of Rs.75,000/- by crediting the amount in the account of the complainant and Rs.1,00,000/- on account of compensation and Rs.50,000/- on account of mental tension and agony. The complainant had, along with his deceased father Sri Virendra Bahadur Singh, an Account No.3535 in the Bank of Baroda, opposite party No.1. The complainant's father was getting a monthly pension of Rs.2,250/-. The complainant's father had also a family pension account in the State Bank of India, opposite party No.2. The cheque book was also issued by opposite party No.2 for transaction from the account. The cheques are being issued regularly and the amount is taken out through cheques.

(3.) Suddenly the complainant's father became ill on account of brain tumour and heart disease. Money was required for his treatment. He, therefore, issued a cheque for Rs.75,000/- and deposited the same with opposite party No.2, Bank of Baroda. When the complainant went to receive the amount, the cheque was returned to him along with the objection that his father used to withdraw money from the Bank through withdrawal forms and not through cheques. Hence the cheque cannot be honoured.