K K G ENTERPRISES Vs. BANK OF BARODA

JUDGEMENT

(1.) By this appeal under Sec.15 of the, the order dated 6.2.2006 in Complaint No.83/2005 by District Consumer Disputes Redressal Forum, Raipur (hereinafter referred to as the District Forum) dismissing the appellant's complaint, has been challenged.

(2.) Indisputably, the complainant/appellant has an account with the respondent No.1 Bank of Baroda. The appellant submitted a cheque dated 23.3.2004 issued by complainant/ appellant's customer Kalpesh Joshi in its favour. The said cheque was drawn on respondent Nos.2 and 3 herein, namely ICICI Bank. The said cheque appears to have been dishonoured by the drawee bank (ICICI ).

(3.) The grievance of the complainant was that the due notice regarding cheque having been dishonoured by the drawee bank was not given by respondent No.1, Bank of Baroda. It was also averred that the slip returning the cheque was not duly singned by any Competent authority or stamped by the drawee bank (ICICI); nor was any intimation regarding the same was given to the complainant by respondents. It was thus alleged that there was deficiency in service by the respondents as above. It was submitted by the learned Counsel for the appellant that not only the deficiency as above; but the respondent No.1 also debited Rs.300 as legal fee from the account of the appellant, which was allegedly paid by the respondent No.1 to its Advocate. Aggrieved, the complainant prayed that amount of cheque be directed to be paid along with compensation and cost to the complainant/appellant.