ASISH KUMAR DEY Vs. HABIBUR RAHAMAN

JUDGEMENT

(1.) In this revision petition filed under section 21(b) of the Consumer Protection Act, 1986 (for short, 'Act'), there is challenge to order dated 17.2.2014 passed by State Consumer Disputes Redressal Commission, West Bengal, Kolkata(for short,'State Commission')vide which appeal filed by the Petitioner/Complainant challenging the order of the District Forum was dismissed.

(2.) Petitioner's case is that he is having Saving Bank Account with the Respondents Bank/Opposite Parties. On 18-05-2009, he went to the respondent bank to encash a Cheque for Rs.56,000/-. The said Cheque was issued by another A/c Holder of the same Bank. At about 11-00 hrs, he produced the said Cheque with deposit slip for encashment. After few minutes, respondent no.1 returned the same by dishonouring the said instrument, marking cross in red ink. Petitioner requested respondent no.1 to issue the Cheque Return Memo so that he can take step, but he refused. Respondent No.1 tried to snatch the cheque from his hands. Being harassed as above, petitioner suffered mentally. Thus, for deficiency of service on the part of the respondents, petitioner filed a consumer complaint claiming Rupees Two Lakhs as compensation.

(3.) Respondents in their written version admitted that petitioner had come to their bank on 18-05-2009 and produced the Cheque for encashment. When the specimen signature of the A/c Holder was verified with the specimen signature on the card lying with the Bank, it was found that the Drawer's signature were in Bengali. For that reason the signature could not be verified for its authenticity. When respondent no.1 disclosed that fact to the petitioner and requested him to present the cheque again after having another signature in Bengali just below the signature put by the A/c Holder in English, then petitioner became furious and started shouting.