UMESH OHRI Vs. ICICI BANK LTD

JUDGEMENT

(1.) THE complainant/petitioner is holding a saving bank account with the opposite party, ICICI Bank at Jalandhar. The complainant/petitioner according to the bank, was issued a cheque book for the purpose of facilitating withdrawals from the saving bank account which he had opened with the bank. The case of the complainant according to his counsel is that the aforesaid cheque book was never received by it, who did not even apply for issue of the cheque book. Three cheques of Rs. 50,000/ - each were presented to the bank, two cheques on 26.10.2007 and one on 27.10.2007. Since the cheques purported to be drawn on self, cash payment for those cheques were made. We would like to note here that the name of the complainant/petitioner was printed on the cheques, which were presented to the bank, alongwith his account number.

(2.) THE case of the complainant being that he never received a cheque book from the bank and therefore he had no occasion to issue the aforesaid cheques, he approached the concerned District Forum alleging deficiency in service on the part of the ICICI Bank.

(3.) THE complaint was resisted by the bank on several grounds. It was stated in the reply that the payment was made to the bearer of the cheque after comparing the signatures on them with the standard signatures of the complainant with the bank and in good faith and bona fide discharge of duties. As regards the cheque book, it was stated in the reply that the same was issued to the complainant in the month of July, 2007.