LAWS(NCD)-2016-1-49

DINESH AGGARWAL Vs. AXIS BANK LIMITED

Decided On January 04, 2016
DINESH AGGARWAL Appellant
V/S
Axis Bank Limited Respondents

JUDGEMENT

(1.) Shri Rajan Dhawan, R/o. Ferozepur City and Shri Dinesh Aggarwal, the complainants, were holding Savings Bank Accounts with Axis Bank Ltd., the OP. Dinesh Aggarwal, the complainant No.1, issued an Account Payee Cheque to one, Sh. Gulshan Lal, R/o. Ferozepur City. However, the cheque was dishonoured. The complainant No.1, received a legal notice under Section 138 of the Negotiable Instruments Act, from the said Shri Gulshan Lal. This dishonoured cheque carried the remarks "Account closed/blocked". It is alleged that there is deficiency on the part of Axis Bank by blocking the amount. He filed a complaint before the District Forum, praying that compensation of Rs.50,000/- and litigation expenses of Rs.11,000/-, be paid in favour of the complainant.

(2.) On the other hand, the case of the Axis Bank is that Shri Rajan Dhawan sent notice to Axis Bank on 16.12.2010 stating that his said cheque in the sum of Rs.40,000/- had been lost somewhere. He denied having paid the said cheque to Sh. Dinesh Aggarwal. He further informed that the balance amount in his Bank Account was Rs.38,635/-, and, therefore, a sum of Rs.40,000/- could not be withdrawn, on the basis of lack of sufficient funds in his account.

(3.) Sh. Dinesh Aggarwal himself deposited a sum of Rs.2,500/- from his own pocket and, therefore, he got the amount of Rs.40,000/- from the Bank. When this fact came to the notice of the Bank Manager, he sent a message to the complainant requesting for settlement of the dispute, but the complainant did not agree. Copy of the notice received from Shri Rajesh Dhawan was also attached with the notice sent to the complainant. The Bank, initially, asked the complainant to deposit the sum of Rs.40,000/-, but he did not agree to settle the dispute. Consequently, the Bank marked lien and blocked the account of the complainant.