DEVI DAYAL SHARMA Vs. ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) The present appeal, filed by the appellant under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act"), is directed against order dated 8.8.2002, passed by District Forum-IV, Nand Nagri, Delhi, in Complaint Case No. C-64/1999 - entitled Shri Devi Dayal Sharma V/s. Oriental Bank of Commerce.

(2.) The facts, relevant for the disposal of the present appeal, briefly stated, are that the appellant, Shri Devi Dayal Sharma had filed a complaint under Sec.12 of the Act before the District Forum averring therein that the appellant along with his wife Smt. Santosh Kumari was having a joint Savings Bank Account bearing No.751 with the Kabool Nagar, Shahdara, Delhi Branch of the respondent Bank for the last about 25 years. It was stated in the complaint filed by the appellant that on 17.12.1998, the appellant had deposited a cheque for Rs.27,491/- drawn on Central Bank of India, Moti Nagar Branch, Delhi with the respondent for being credited to his above mentioned Savings Bank Account. It was stated that the abovesaid cheque, deposited by the appellant with the respondent Bank, was honoured by the drawee Bank (Central Bank of India, Moti Nagar, Delhi) on 19.12.1998. It was stated that on 21.12.1998, the appellant presented a cheque for Rs.27,410/- at the counter of the respondent Bank to have the same encashed but the said cheque was dishonoured and returned with the remarks that the cheque deposited by the appellant on 17.12.1998 had not been credited to the account of the appellant. It was stated that the respondent Bank neither paid the amount of that cheque nor gave anything in writing. It was further stated that on 22.12.1998, the appellant submitted an application together with an affidavit requesting therein for the release of the amount of the cheque which was kept in Suspense Account but no response was received from the respondent Bank. Thereafter, the appellant got a legal notice served through his Advocate on the respondent Bank on 26.12.1998 but no response even to the legal notice was received by the appellant. It was stated in the complaint that vide letter dated 11.1.1999, respondent Bank informed the appellant that the authorities of the respondent Bank had withheld the amount of the deposited cheque, amounting to Rs.27,419/- on the ground that the appellant had introduced a fake account of some Shri A. K. Malik. It was stated that the appellant had no information or no knowledge of any previous inquiry on the above point till the receipt of the abovesaid com-munication from the respondent Bank.

(3.) As the appellant failed to receive any positive response from the respondent Bank in respect of the cheque deposited by him on 17.12.1998 for Rs.27,419/-, the appellant filed a complaint under Sec.12 of the Act before the District Forum praying that the respondent Bank be directed to pay the amount of the cheque in question together with compensation of Rs.5,500/-.