DENA BANK Vs. BABULAL SHARMA

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 11.9.2002 in Complaint No.167/2002 by the District Consumer Disputes Redressal Forum, Raipur (hereinafter called the 'district Forum' for short) directing the appellant Bank to pay to the respondent Rs.1,00,000/- with interest @ 9% p. a.

(2.) Undisputably, the complainant/respondent had a Savings Bank account with the appellant Bank with cheque facility. It is also not in dispute that the complainant/respondent issued 4 cheques in favour of one Madanlal Sharma being Nos.5283087, 5283088, 5283089 and 5283090. However, it appears that on account of some dispute having arisen between the complainant/respondent and the said Madanlal Sharma, the complainant/respondent gave the appellant Bank letter dated 16.12.2000, requesting them for stop payment of the said cheques. It is further not in dispute that 2 cheques bearing Nos.5283089 and 5283090 for Rs.1.00 lac out of the said 4 cheques were presented subsequently and were encashed. Thus, an amount of Rs.1.00 lac was paid by the appellant Bank to the drawee of the cheques namely, Madanlal Sharma.

(3.) In the complaint, the complainant/respondent raised a grievance about the encashment of the cheques as above and prayed that the amount of Rs.1.00 lac be directed to be refunded to him, by the appellant Bank. The complaint was resisted by the appellant Bank.