Case No. 31/2022   

IN THE MATTER OF

 Ravish Kumar Age 45 years S/o Sri Radhacharan R/o Sarai vrandavan Thana Sasni Gate, Aligarh

                             (Through: Advocate Shyam Bihari Lal)

                                           V/s

1. Branch Manager, Bank of Baroda, Branch Agra Road, Sasni Gate Thana Sasni Gate,Aligarh
2. Chief Manager, Bank of Baroda, Main Branch Masudabad, G.T. Road, Thana Banna Devi,Aligarh
3. Regional Manager, Bank of Baroda, Bank of Baroda Zonal Office, Baroda House 3^rd Floor,B-23 Gomti Nagar,Lucknow UP
4. Managing Director,Head Office, Bank of Baroda Baroda House Mandvi Baroda, Gujrat 390001
5. General Manager (Pradhan Nodal Adhikari) Bank of Baroda Baroda House  7^th Floor RC Datt Road Baroda, Gujrat 390007

(Through: Advocate Munendra Kumar Sharma)

Dinesh Kumar S/o Sri Rajveer Singh R/o gram Lal Garhi Post Bithana Aligarh(Through: Advocate Hajari Lal Verma)

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhyaya, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1.  The Ops be directed to refund the amount Rs.150000/ jointly and severally by the Ops.
2. Cost of litigation Rs.20000/
3. Compensation Rs.80000/

2. Complainant stated that he has saving account no. 21620100052992 in OP no.1 bank branch and he was also issued a cheque book of OP no.1. On 9.6.2021 complainant had drawn the cheque no. 000003 for Rs.150000/ and the cheque was put up on the table having signed it. At that time a relative of the complainant namely Dinesh Kumar S/o Rajveer Singh Village Lal Garhi reached there and took away the cheque without informing the complainant. The complainant suspected Dinesh Kumar Singh and asked him about the cheque he avoided it. On 11.6.2021 Dinesh Kumar Singh filled up his account no. 21620100059463 at the space in front of the “pay” and presented the cheque in the bank. Complainant was informed on phone by the employee of the OP no.1 and then he told the entire story of taking away the cheque by Dinesh Kumar Singh to him, who had taken out the cheque without his consent. Complainant had asked to stop the payment then the employee of the OP no.1 returned the original cheque and voucher to the complainant at his house which are with the complainant. OP no.1 bank had transferred the amount Rs.150000/ to the account of the Dinesh Kumar Singh in spite of request to stop the payment. Complainant protested to OP no.1 bank and then he was assured to refund the amount Rs.150000/ after cancelation of the transfer of the amount. Complainant  came to know on 11.6.2021 while updating the passbook that the amount Rs.150000/ transferred to the account of Dinesh Kumar Singh was not remitted. OP no.1 and 2 have misappropriated the amount Rs.150000/ with the collusion of Dinesh Kumar.     
3. Ops bank have  stated in WS that the complainant has the saving bank account no. 21620100052992 in the OP no.1 bank Branch and a cheque book of same account was issued to him. They have further stated that complainant and Dinesh Kumar are relatives and they have transactions and in the process, of the same complainant had issued a cheque no.00003 dated 11.6.2021 for Rs.150000/ to Dinesh Kumar who presented the cheque in bank and the payment was made in ordinary course of business of the bank. Complainant has admitted in writing that he had handed over the cheque in question Dinesh Kumar and Dinesh Kumar has also admitted that the complainant had borrowed Rs.300000/ from him, out of which the amount of Rs.150000/ was paid through this cheque. At the time of transfer the amount complainant was made a call and the money was transferred with his consent. The bank came to know about the theft of original cheque and voucher on 1.12.2021 through the letter of the complainant and the high officials of the bank were informed about it. Complainant was asked to deposit the original cheque and voucher in the bank, but the complainant did not make deposit of the same and then request was made to lodge the F.I.R. at the PS Sasni Gate at 8.3.2022. There is no deficiency in service on the part of OP bank rather complainant has stolen the original cheque and voucher. Dinesh Kumar is the beneficiary and is necessary party who can put the correct facts before the commission.   
4. Op no.6 has admitted that complainant has the account in op no.1 bank and he was issued cheque book. OP has stated that on 31.3.2021 the complainant had borrowed Rs.300000/ from him and he had assured to repay within 6 months. On 10.6.2021 complainant had made part payment by issuing cheque 00003 dated 11.6.2021 for Rs.150000/ drawn and signed by the complainant. On presenting the cheque in bank the amount was transferred in the account of OP by the bank in ordinary course of business. A F.I.R. was lodged in respect of the cheque against the complainant and for the recovery of the remaining amount a civil suit no. 355/2022 Dinesh Kumar V/s Ravish Kumar is pending in the Court of Civil Judge, Aligarh.
5. Complainant has filed his affidavit and papers in support of his pleadings. And Ops have also filed his affidavit and papers in support of their pleadings.
6. We have perused the material available on record and heard the parties counsel.
7. The first question of consideration before us is whether there is any deficiency on the part of OP bank in crediting the amount of the cheque for Rs. 150000/ into the account of OP no.6?
8. Admittedly, the complainant had signed cheque no.00003 dated 11.6.2021, which was presented in the op bank and the amount was credited  by the bank into the account of OP no.6 as the cheque was bearing the said account. The OP bank discharged his obligation by transferring the amount of the cheque in accordance with the direction of the cheque in ordinary course of business. The allegation regarding theft of  the original cheque and voucher is under investigation of the police on the basis of F.I.R. lodged at the police station and the dispute between complainant and OP no.6 Dinesh Kumar regarding the alleged loan is subjudice. The commission is not concerned with the above matters and has to exercise jurisdiction on the basis of deficiency in service which is not found on the part of the op bank. Complaint is liable to be dismissed.    
9. The question formulated above against the complainant.
10. We hereby dismiss the complaint.
11. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
12. File be consigned to record room along with a copy of this judgment.