VIJAY BANK Vs. RUPESH SISODIA AND ORS.

JUDGEMENT

(1.) Revision petition no. 3133 of 2015 has been filed the against the order dated 8th September 2015 of the Delhi State Consumer Disputes Redressal Commission, Delhi ('the State Commission') in Appeal no. 380 of 2011.

(2.) The facts of the case as per respondent no.1/ complainant are that the respondent no. 1 had a current Bank account bearing No. 378501010016043 with OP-1 Bank since 2002. Respondent no.1 deposited a cheque No. 142329 dated 31.5.08 for Rs.1,37,451.08 in the evening of 06.06.2008 at ATM drop box of SAMALKA Branch of OP-1 at New Delhi. Respondent no. 1 on 17.06.2008 learnt that the cheque in question had not been credited to his account. He immediately approached the OP-1 Bank and was told that the cheque had been misplaced. He then contacted to M/s Radnik Exports, who had issued the said cheque. They told him that cheque had been cleared on 13.6.2008 by OP-2 from their account. He then visited OP-2 Bank at Gurgaon and found that some fake account in the name of their firm had been opened by someone called Shri Pramod Rana. It was, further alleged that OP-2 opened the account in the name of a fictitious person, without verifying and confirming said person's identity or introduction and made payment of a huge amount of Rs.1,35,000/- from the newly opened account. The staff of OP-2, who opened the account without obtaining any information of the person opening the account and withdrawing such huge amount immediately had allegedly colluded in this transaction.

(3.) The respondent no. 1 made a written complaint on 18.6.2008 to the Manager of OP-1, who then wrote a letter to Canara Bank, Gurgaon from where the cheque had been cleared for payment. He also wrote letters to the higher authorities of the OP-1 bank and also to the Bank's Ombudsman, submitting the requisite details of the lost cheque like account opening form and other documents supplied by OP-2 to establish that the driving licence was fake and the form was left blank and also the copy of pass book of SBI, Indore inoperative account bearing incomplete address.