Date of Filing:13.03.2008<br /> Date of Order:31.07.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 31ST DAY OF JULY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 706 OF 2008<br /> <br /> Edward Shah,<br /> 1146 A Block, S.K. Nagar,<br /> Bangalore-560092. Complainant<br /> <br /> V/S<br /> Amit Chaurasia,<br /> ICICI Bank Ltd.,<br /> My Tree Center, I Floor, <br /> Hosur Road, Bommanahalli,<br /> Bangalore-560 068. Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant stating that, action should be taken on the Bank appointed Collection Agent Mr.Mahesh. P who had forged his signature on the cheque issued to the Bank towards payment of his Credit Card. The cheque issued by him was bounced due to insufficient funds as it was pre dated and unknown to the complainant. He has taken steps to inform the Bank authorities on the forgery committed by the agent. He decided to lodge criminal case on this issue which is in process. Instead of resolving the issue, the Bank created problem. The complainant submitted that serious offence of forging his signature by the collection agent still stands unresolved. Therefore, he prayed to grant compensation of Rs.20,00,000/- for mental agony. <br /> 2. Notice was issued to opposite party. Opposite party put in appearance through advocate and filed defence version stating that, Credit Card was sanctioned to the complainant. He has undertaken to make payments towards outstanding dues. Complainant defaulted in payment of outstanding balance. The allegation that cheque was forged is denied. If at all cheque was forged the cheque which was sent to collection should have been returned for signature not tallying. All the allegations made in the complaint are penal in nature and remedy to the complainant lies in criminal courts and not from this Forum. Therefore, the opposite party has requested to dismiss the complaint.<br /> 3. Arguments are heard. <br /> REASONS<br /> 4. The complainant Mr. Edward Shah personally submitted that he is due of Rs. 86,855-65 as on 14th July-2008 of his Credit Card account and the Bank informed the complainant to pay Rs.34,490/-. The complainant has also admitted during the course of his submission that he is due some amount to the Bank in respect of his Credit Card. By reading the entire complaint he has made allegation against Collection Agent one Mr. Mahesh. P. It is the case of the complainant that Mr. Mahesh. P has forged his signature on the cheque which was given by the complainant. It is the case of the complainant that, Mr. Mahesh. P had striked out the original date written on the cheque and in that place he has written 26/7/2007 and forged signature of complainant. Therefore, complainant submitted that originally he has put date as 1/8/2007 and the collection agent had striked out the date and put it as 26/7/2007. On account of that his cheque was bounced. Therefore, he is not responsible for bouncing of the cheque. The complainant has made allegation of forgery against Mr. Mahesh the Collection Agent of the Bank. The offence of forgery is a criminal offence. The matter has to be thoroughly investigated by the police. The cheque has to be sent to the handwriting expert for comparison of signature. The complainant has to lodge a criminal complaint to the concerned police against Mr. Mahesh. P for forgery and altercation of cheque. It is the duty of the concerned police to make investigation and if it is found that the cheque was forged then Mr. Mahesh will face the criminal action. The police will take suitable action as per law. So, under these circumstances, this Forum has no jurisdiction to intervene in this matter. The complainant has already submitted in his complaint that he had decided to lodge criminal case on this issue. When this is the case the Consumer Forum has no jurisdiction to entertain the present complaint. On the facts alleged by the complainant no deficiency of service on the part of the opposite party Bank can be made out. It is a case of penal action. Therefore, it is up to the complainant to pursue his criminal complaint against the guilty person. Therefore, the question of entertaining the present complaint and granting compensation to the complainant does not arise. The complaint is not maintainable and the same deserves to be dismissed. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 5. The complaint is dismissed. No order as to costs. <br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 7. Pronounced in the Open Forum on this 31ST DAY OF JULY 2008. <br /> <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br /> <br /> <br />