| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM CACHAR :: SILCHAR Con. Case No. 35 of 2015 Md. Mustafa Ahmed Mazumder Vill- Kanakpur Part-I, P.O. Kanakpur, P.S- Silchar, Cachar, Assam Complainant. -V/S- Branch Manager, UBI, Nagatilla Branch, P.O & P.S- Silchar, Cachar, Assam. O.P. Present: - Sri Bishnu Debnath, President, District Consumer Forum, Cachar, Silchar. Shri Kamal Kumar Sarda, Member, District Consumer Forum, Cachar, Silchar. Appeared: - Mr. Md. Ajmal Hussain Laskar, Advocate for the complainant. Mr. Debabrata Das, Advocate for the O.P. Date of Evidence 30-06-2017 Date of written argument 27-07-2017, 25-08-2017 Date of oral argument 18-01-2018 Date of Fresh argument 26-07-2018, None has argued. Date of judgment 13-08-2018 JUDGMENT AND ORDER Sri Bishnu Debnath, - Md. Mustafa Ahmed Mazumdar brought the complaint against the Branch Manager, UBI, Nagatilla Branch, Silchar under the provision of Consumer Protection Act 1986 for award of refund of cheque amount of Rs.2,00,000/- and compensation etc.
- He brought the following fact in order to get the relief stated above:-
- He is holder of SB A.C No. 1623010004985 of UBI, Nagatilla. The said account has cheque facility. On search he did not found his passbook of the said bank account in his dwelling house. So, he needed to block the account. Accordingly, went to O.P. on 17/11/2015 but from the O.P. got information that on 13/11/2015 Rs.2,00,000/- were withdrawn by cheque No. 194885. As he did not put any signature in that cheque, so, he lodged FIR to Kachudaram P/S vide P/S case NO. 107/2015, U/S 457/380/420 IPC and brought the instant case after serving legal notice to the O.P.
- The O.P. in his W/S stated inter alia that the cheque aforesaid was duly issued by the complainant by putting his signature and accordingly withdrew the aforesaid amount of Rs.2,00,000/- on 13/11/2015, and amount now the police case is under investigation.
- During hearing the Complainant submitted his deposition with a document. The O.P also submitted deposition Sri Sanaton Singha, the Branch Manager. After closing evidence both sides counsels submitted their written argument.
- I have heard both sides counsels and perused the evidence and written argument.
- In this case the fact of putting signature on the cheque No.194885 dated 13/11/2015 is challenged by the Complainant. That is why, during preparation of Judgment in earlier occasion I asked the O.P. to submit photocopy of specimen signature of the complainant kept in the bank record and to submit original cheque to compare signature on the cheque, because during trial the Complainant did not take any endeavor to send the questioned cheque to handwriting expert to compare his signature. Accordingly, the O.P. submitted photocopy of specimen signature and photocopy of questioned cheque and inform this Forum that original cheque was sent to the Regional office which could not be produced due to dislocation of the file etc.As such prayed to allow further time to search out the original cheque. The said prayer has been rejected and asked both sides to appear for fresh hearing. But none has appeared.
- Now, I have compared the signature in the questioned cheque (Photo copy) with specimen signature on Bank record (Photocopy) and opined that the signature available in the cheque with initial are the signature of the complainant.
- As such in this case by clearing the cheque No.194885 aforesaid by the O.P. did not commit any disservice or deficiency of service. Hence, the Complainant is not entitled any relief in this case.
- Therefore, the case is dismissed on contest. Supply free certified copy of judgment to the parties. Given under my hand and seal of this District Forum on this the 13th day of August, 2018.
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