LAWS(NCD)-2019-7-100

MANAGER, BANK OF BARODA Vs. CHITRODIYA BABUJI DIVANJI

Decided On July 19, 2019
Manager, Bank Of Baroda Appellant
V/S
Chitrodiya Babuji Divanji Respondents

JUDGEMENT

(1.) The present Revision Petition is filed by the Petitioner under Section 21(b) of the Consumer Protection Act, 1986 against Order passed by the State Consumer Disputes Redressal Commission, Gujarat (hereinafter referred to as the "State Commission") in Appeal No. 119/2014 dated 20.01.2016.

(2.) In the Complaint Case, the Respondent/Complainant stated that in the year 2005, he had opened Savings Bank Account No. 12289 with Petitioner Bank jointly with his son Kalpesh Babuji Chitrodiya. On 11.09.2010, the Respondent deposited cheque no. 97893 amounting Rs.3,60,000/- in his saving account with the Petitioners, which was given to him by Sh. Thakkar Mukundbhai Manharlal of Vadnagar to clear his dues towards the Respondent. The said cheque deposited by the Respondent was returned dishonoured to the Petitioners. The Petitioners sent the aforesaid dishonoured cheque and cheque return memo to the address of the Respondent as mentioned by him in his Bank Account through Registered Post A.D. on 17.09.2010, which was returned to the Bank on 24.09.2010 as unserved.

(3.) On 22.09.2010, after the Bank sent the dishonoured cheque and return memo through Regd. A.D. Post, the Respondent moved an application to update his current address in Bank Records which was different from the address mentioned by him while opening of the account.