MOHAN SETHIA AND ASSOCIATES Vs. BANK OF BARODA

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986, is directed against the order dated 17.8.2004 in Complaint No.191/2001 by District Consumer Disputes Redressal Forum, Durg (hereinafter called the District Forum, in short), dismissing the complaint.

(2.) Indisputably the complainant/appellant has a current account No.1753 with the respondent Bank with cheque book facility. It is also not in dispute that vide cheque bearing No.776145 an unidentified person in the name of Roshanlal, withdrew Rs.75,000 from the said account.

(3.) The averments of the complainants were that the complaint did not issue the said cheque and the amount was withdrawn by the said unknown person in conspiracy with the employees of the respondent Bank. It was further averred by the complainant that the said cheque did not bear his signature and should not have been permitted to be encashed. The complainant reported the matter to the Bank and its head office, as well as to the police. He also approached Bank Ombudsman for resolving the dispute. However, since the complainant did not get any redressal from the Bank authorities, he approached the Consumer Forum and filed the complaint. He prayed that the amount of cheque with interest be directed to be paid to him.