P N KHANNA Vs. BANK OF INDIA

JUDGEMENT

(1.) This appeal has been filed by appellant against order dated 31.10.2014 passed by State Commission in complaint No. 103 of 2014 P.N. Khanna Vs. Bank of India & Anr., by which complaint was dismissed and complainant was given liberty to approach Civil Court for redressal of his grievances.

(2.) Brief facts of the case are that complainant/ appellant had one account with opposite party/ respondent and one account with Allahabad Bank. He filled cheque No. 839595 of Allahabad Bank in his name for Rs. 8,16,000/- and handed over the cheque to Officer of the opposite party for clearance, who in turn called his peon Rajiv Kumar and got the cheque dropped in the drop box and counter slip was given to the complainant. Amount of this cheque was not credited in his account and on enquiry from Allahabad Bank, he came to know that the cheque has been cleared for Rs. 28,16,000/- and has been credited in the name of one Satnam Singh in State Bank of India. Alleging deficiency on the part of opposite party, complainant filed complaint before the State Commission. Opposite party resisted complaint and submitted that cheque dropped in the drop box was not found and report was lodged to the Police and investigation is pending. It was further, submitted that cheque was forged by Satnam Singh and got it collected through State Bank of India against KYC norms. Complainant has not impleaded Allahabad Bank, State Bank of India and Satnam Singh as party, hence, complaint was not maintainable and prayed for dismissal of complaint. Learned State Commission after hearing both the parties dismissed complaint as referred above, against which this appeal has been filed.

(3.) Heard Learned Counsel for appellant and perused record.