BANK OF MAHARASHTRA Vs. RAKESH PRASAD SHARMA

JUDGEMENT

(1.) The complainant/respondent had a current account with the petitioner bank. On 18.08.2003, he informed the bank that cheques no.680307 and 680308 had been lost by him and requested the bank to stop payment of those cheques. One of those cheques, bearing no. 680308 was presented to the petitioner bank through clearing on behalf of one Mr. Ramzan Bhati. The cheque was returned by the bank on the ground that funds in the account of drawer were insufficient. Being aggrieved from the deficiency on the part of the bank in rendering services to him, the petitioner approached the concerned District Forum by way of a complaint.

(2.) The complaint was contested primarily on the ground that dishonour of the cheque on the ground of insufficiency of funds could not be termed as illegal act and therefore, there was no deficiency in rendering services to the complainant.

(3.) The District Forum, vide its order dated 21.09.2013, dismissed the complaint.