HARDROK GRANITES Vs. INDIAN BANK

JUDGEMENT

(1.) In this complaint, under Sec.17 r/w Sec.12 of the Consumer Protection Act, 1986 , the complainant has sought compensation in a sum of Rs.2,31,543/- with interest thereon from the opposite party-Indian Bank.

(2.) The complainant is a business concern, engaged in the business of exporting granites. The complainant had certain business transactions with M/s. Kaveri Minerals Exports, Bangalore. The complainant was to receive certain amounts from the said M/s. Kaveri Minerals Exports, towards the supplies effected by the complainant to it. The said M/s. Kaveri Minerals Exports, delivered to the complainant 4 postdated cheques - Cheque dated 19.5.1991 for a sum of Rs.56,250 /-, as per Ex. C 1; cheque dated 8.5.1991 for a sum of Rs.1,02,411/- as per Ex. C2; cheque dated 8.5.1991 for a sum of Rs.35,437/- as per Ex. C 4 and cheque dated 13.5.1991 for a sum of Rs.84,375/- as per Ex. C 3 to the complainant drawn on the opposite party-Indian Bank. All the four cheques were account-payee cheques.

(3.) The complainant presented 3 cheques - Exs. C-2, C-3 and C-4 for payment to the opposite party Bank. It may be mentioned here itself that the complainant had no accounts with the opposite party-Bank. It was only M/s. Kaveri Minerals Exports, had the accounts with the opposite party Bank. So those three cheques were presented to the State Bank of India, Shivaji Nagar Branch, Bangalore, as the complainant had the account in the said bank. The said 3 cheques were sent by the S. B. I. , Shivajinagar Branch, to the O. P. Bank for clearance, but those cheques were dishonoured by the opposite party with an endorsement 'effects not yet cleared please present again'. Thereafter those cheques were presented again. Even at that time those cheques were dishonored with the same endorsement.