ICICI BANK LTD. Vs. VIKAS GOYAL

JUDGEMENT

(1.) This Revision Petition No. 2988 of 2018 challenges the impugned order of State Consumer Disputes Redressal Commission, U.T. Chandigarh ('the State Commission') dtd. 5/7/2018. Vide this order, the State Commission dismissed Appeal No. 191 of 2018 and affirmed the order of the District Consumer Disputes Redressal Forum-I, U.T. Chandigarh ('the District Forum') dtd. 24/5/2018.

(2.) Brief facts of the case, as per the Complainant, are that he was maintaining a Current Account bearing No.05972560000600 with Respondents No.2 &3/OP1&2. He was agency holder of various newspapers and running a small business by means of self-employment to earn his livelihood. He routinely transferred Rs.4.50 Lakh through NEFT from his said account in favour of M/s Kasturi & Sons Ltd., by issuing three cheques viz. Cheque No.38 dtd. 9/12/2014 for Rs.1,50,000.00; Cheque No.39 dtd. 15/12/2014 for Rs.1,40,000.00; and Cheque No.40 dtd. 22/12/2014 for Rs.1,60,000..00 As per practice, detail of the account to which the amount was to be transferred was given on the reverse of the cheques i.e. Kasturi & Sons Ltd. Their account number was also mentioned. Name of the complainant was also shown on the reverse as a person making the transaction of payment.

(3.) The said amount was debited from his account and, however, was not credited to the account of the beneficiary M/s. Kasturi & Sons Ltd. When the said party raised a demand for the above said amount, it transpired that the Petitioner/OP-3 had transferred the said amount in the name of one Shti Laxman Singh Chahar of M/s Vikas Impex Ltd. of Jaipur. Thereafter, the matter was raised with the appellant, and whereupon an amount of Rs.1,60,000.00 was reversed to the account of the complainant. However, balance of Rs.2,90,000.00 was not reversed/refunded. When no action was taken despite many requests, a Consumer Complaint was filed before the District Forum.