Per Mr.S.R. Khanzode – Hon’ble Presiding Judicial Member:
(1) This appeal takes an exception to an order dated 31.07.2010 passed in Consumer Complaint No.265/2009 , Mahabanoo Contractor V/s. Branch Manager, Bank of India, by District consumer Disputes Redressal Forum, South Mumbai (‘the Forum’ in short).
(2) It is a case of alleged deficiency in service against the Branch Mananger, Bank of India, Sewri, Mumbai, for honuring the cheques of `20,000/- and `30,000/- respectively, total amounting to `50,000/-. It is alleged that the cheques which were honoured were fraudulent cheques and negligence is alleged on the part of the Bank Officials to honour those cheques. Bank took defense that their officials while honouring the cheques duly verified the signatures with their Specimen Signature. The Forum upheld the defense of the Bank and dismissed complaint. Feeling aggrieved thereby the original Complainant has preferred this appeal.
(3) Heard both sides at length.
(4) We find that in the instant case the Appellant/original Complainant used to send her peon and other person to the Bank along with cheques etc. As far as relevant cheques are concerned it is claimed by the Complainant that she came to know about the withdrawal of the amount when she received SMS about withdrawal from her account. She found that the cheques against which said withdrawal was permitted were not the cheques from the cheque book of the series that she was using at that time. She immediately contacted bank officials but in vain. Ultimately, she filed consumer complaint.
(5) Bank submitted that once the complaint from the Complainant was received, they carried out necessary investigation and they even got examined the specimen signature of the Complainant with disputed one by the handwriting expert. The handwriting expert opined that the signatures on disputed cheques were that of Complainant and therefore, the Bank submitted that there is no negligence on the part of their Officials. In view of such evidence from the handwriting expert and since there is no any counter evidence from the Complainant and as such since the Bank Officials, duly verified the signatures of the Appellant/Complainant with the specimen signature before passing/clearing the cheques no negligence on their part could be inferred. This statement of the Banks officials is to be believed in absence of any contradictory evidence. Only from that point of view the contention of the Bank is to be accepted to that effect that there is no negligence on the part of their officials vis-à-vis no deficiency in service on the part of the Bank under the Consumer Protection Act, 1986. Thus, we find no reason to take different view that what has been taken by the Forum. Holding accordingly, we pass the following order:
O R D E R
Appeal stands dismissed.
In the given circumstances, parties to bear their own costs.
Pronounced on 20th November, 2012.
