B L MALVIYA Vs. A ZOHARI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner B.L. Malviya against the order dated 28.02.2013 of the State Consumer Disputes Redressal Commission, Madhya Pradesh, (in short 'the State Commission') passed in Appeal No.1532 of 2012.

(2.) Brief facts of the case are that the petitioner/complainant deposited a cheque by dropping the cheque in the drop box on 21.05.2009. On 205.2009, the petitioner presented an application before the bank that his cheque be returned to him as he has not entered his name in the cheque against the payee. Though the bank in writing also assured that they will return the cheque, however, the same was not returned and the cheque expired on 30.05.2009. Ultimately, when the cheque was not returned before the expiry of the cheque the complainant filed a consumer complaint before the District Forum. The complaint was resisted by the respondent/opposite party on the ground that the issuer of the cheque Mr. Amit Rathore sent 'stop payment request' to the bank and also stated that the cheque was issued in the year 2005 and was not issued in favour of the complainant. The bank asserted that the cheque was presented by changing the date by the complainant. Accordingly, it was requested to dismiss the complaint. However, District Forum dismissed the complaint vide its order dated 13.06.201

(3.) Aggrieved, the complainant filed an appeal bearing No.1532 of 2012 before the State Commission and the same was also dismissed vide order dated 28.02.2013 of the State Commission.