PRAKASH CHIMANLAL SHETH Vs. HDFC BANK LTD.

JUDGEMENT

(1.) This revision is directed against the order of the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (in short, "the State Commission) dated 1.4.2014 in first appeal No.A/15/1033.

(2.) Briefly stated facts relevant for the disposal of the revision petition are that the petitioner filed the consumer complaint before the concerned District Forum alleging that the complainant was in need of Rs.3 lakhs to be deposited in the hospital for the treatment of his ailing mother. The complainant, therefor, requested his nephew Chirag Natvarlal Sheth for money. Chirag Natvarlal Sheth issued a bearer cheque in favour of the complainant drawn on his saving account No.12011000039411 with the opposite party bank. As a matter of caution Chirag Natvarlal Sheth also signed at the back of the cheque. The complainant presented the cheque for encashment on 7.5.2009 at about 100 pm. The cashier Mr. Deshu at the cash counter asked him to come back at 4.00 pm because of insufficiency of funds. The complainant again visited the bank at 3.40 pm. The cashier asked him to put his signatures at the back of the cheque which he did. The cashier thereafter asked him to produce his photo ID in original and submitted an attested true copy. As the complainant was not carrying the photo ID he suggested the cashier to contact the account holder and verify about the issuance of cheque. The cashier then took out the phone number of the account holder Shri Chirag Natvarlal Sheth from the bank record and dialed mobile number of Shri Chirag Natvarlal Sheth to seek verification of issuance of bearer cheque. Mr. Chirag Natvarlal Sheth confirmed that he had issued the cheque but the cashier declined to honour the cheque. Thereafter, the complainant was taken by the cashier to the cabin of the Branch Manager. The Branch Manager again rang up the account holder Shri Chirag Natvarlal Sheth, who confirmed having issued said bearer cheque. Despite that the Branch Manager insisted that Mr. Chirag Natvarlal Sheth should come to the bank. Mr. Chirag Natvarlal Sheth showed inability to visit the branch. The Branch Manager then refused to encash the cheque. Claiming this to be deficiency in service the complainant raised the consumer dispute by filing a complaint in the in the Consumer Forum, South Mumbai District seeking compensation to the tune of rupees one lakh towards mental agony and physical harassment. The complainant also sought direction to the opposite party bank to stop such wrong practise.

(3.) The opposite party on being served with the notice filed the written version claiming that subject cheque was rightly dishonoured. Respondent bank contested the complaint. It was pleaded that because of failure of the complainant to produce ID proof bank was justified in refusing to honour the cheque in terms of RBI guidelines as it was a high denomination cheque.