T THANARAJ Vs. BANK OF MAHARASHTRA

JUDGEMENT

(1.) The complainant who is the Power of Attorney of his brother, was heard with regard to the maintainability of the complaint. The nine opposite parties are the officers of the Head Office and various Branch Offices of the Bank of Maharashtra. The complainant's case appears to be that the Bank of Maharashtra has opened an account in their Bank in the name of Prabhusingh Traders and issued cheque book, but there is no such enterprise. On the basis of the said account in the Bank and the cheque book issued, the complainant's brother believing the bona fide of the said Prabhusingh Traders, supplied some potatoes for which the said Prabhusingh Traders issued two cheques for Rs.1,26,000/- and Rs.9,300/-. When these cheques were presented to the Bank, they were dishonoured with notings "insufficient funds". The complainant's brother thereafter came to know that the enterprise "prabhusingh Traders" is a bogus one and Prabhusingh is a cheat. The opposite parties are also parties to the foul play. Knowing the non-existence of "prabhusingh Traders" they had opened an account and issued cheque book. On account of this, the complainant's brother has suffered heavy loss. On these averments, alleging deficiency in service on the part of the opposite parties, the complaint has been filed.

(2.) We find there is no consumer grievance within the ambit of the Consumer Protection Act. It is not at all the case of the complainant that he hired or availed of the services of the opposite parties for consideration. His simple case is that they were parties to the foul play of Prabhusingh in the cheating of his brother. Then it is a case of fraud and it is not a case of consumer grievance, since the complainant is not a consumer vis-a-vis the opposite parties. The complaint is, therefore, not maintainable.

(3.) Hence, the complaint is dismissed.