LAWS(NCD)-2019-2-84

GURJANT SINGH Vs. HDFC BANK LIMITED

Decided On February 22, 2019
GURJANT SINGH Appellant
V/S
HDFC BANK LIMITED Respondents

JUDGEMENT

(1.) The petitioner / complainant had a saving bank account with the respondent HDFC Bank. He deposited a cheque issued by one Jaswinder Singh with the respondent bank on 15.9.2016 at its Moga GT Road Branch. The said cheque was dishonoured for want of sufficient funds and was thereafter deposited with Faridkot Branch of the respondent bank. The case of the petitioner/complainant is that the cheque was deposited with Faridkot Branch on 27.10.2016, whereas the case of the respondent is that the cheque was deposited on 04.11.2016. The amount of the cheque was credited in the account of the complainant on 04.11.2016 but was thereafter, debited in his account on the same day. This according to the respondent bank happened as the cheque had become invalid by the date on which it was deposited, the validity of the cheque being only ninety days from the date of issuance and the cheque in question had been issued on 29.7.2016.

(2.) Being aggrieved, the petitioner approached the concerned District Forum by way of a consumer complaint. The complaint having been dismissed, the petitioner approached the concerned State Commission by way of an appeal. The said appeal also having been dismissed, he is before this Commission.

(3.) It is an admitted position that initially the cheque was deposited with Moga Branch of the bank on 15.9.2016 and had dishonoured. However, the aforesaid fact was not disclosed in the consumer complaint, instituted by the petitioner.