| Final Order / Judgement | CONSUMER DISPUTES REDRESSAL COMMISSION-VII DISTRICT: SOUTH-WEST GOVERNMENT OF NCT OF DELHI FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN SECTOR-20, DWARKA, NEW DELHI-110077 CASE NO.CC/322/11 Date of Institution:- 21.09.2011 Order Reserved on:- 19.03.2024 Date of Decision:- 07.05.2024 IN THE MATTER OF: Prakash Chand Beniwal S/o Sh. Giri Raj R/o House No.RZ B-70, Mahavir Enclave, Gurdwara Road, Gali No.5, New Delhi- 110045 .….. Complainant VERSUS M/s IDBI Bank A-1/20, Vijay Enclave, PalamDabri Road, Palam, New Delhi – 110045 Head Office IDBI Tower, WTC Complex, CuffePrade Mumbai –400005 .…..Opposite Party No.1 M/s PRJ Auto Services (P) Ltd. 82, PatparganjIndl.Area, Delhi – 110092 .…..Opposite PartyNo.2 Suresh Kumar Gupta, President - The complainant has filed the complaint under section 12 of Consumer Protection Act, 1986 (hereinafter referred to as Act) with the allegations that he has taken membership kit no.DLG1760 for his vehicle bearing no.DL7CD0882 for a sum of Rs.299 from OP-2 for car helpline. The executive of OP-2 collected the cheque bearing no.154686 dated 11.05.2010 of Rs.299/- drawn in favor of PRJ Auto Services Pvt. Ltd. upon which a car bearing activation no.16777222 was issued. He is maintaining a saving bank account no.169104000044226 with OP-1. He has visited the OP-1 after four days to ascertain the reason for dishonour of the cheque for the fees of his daughter and came to know that one Sanjay has encashed the cheque no.154686 for a sum of Rs.16,000/- though the cheque was issued in favour of OP-2. The name and amount have been carefully removed from the cheque. He informed the OP-1 vide letter dated 05.06.2010 about cheating and deficiency in service. He has received the letter dated 09.06.2010 and 06.07.2010 about the transaction dated 17.05.2010 in his saving bank account. He was asked to submit copy of the FIR. He has lodged DD No.46A, PS Dabri and even written letters to DGM, Complaint Cell, RBI Delhi but in vain. Hence, this complaint.
- The OP-1 has filed the reply to the effect that complainant is maintaining saving bank account with bank. The bank has honoured the cheque no.154686 of Rs.16000/-. The payment was given to the person presented the cheque. The bank has verified the signature of the account holder and tallied the amount both in words and figure. The alleged forged cheque was presented which does not come in deficiency in service. The complainant did not check the identity of the person to whom cheque was issued. The present complaint is an abuse of process of law. It appears to be case of fraud and cheating and this question cannot be determined by this Commission. The fraud has not only played upon complainant but also on OP-1. A forgery was done by unknown person of OP-2. The allegations against the bank are false and frivolous.
- OP-2 has filed the reply wherein preliminary objections qua suppression of material facts and cause of action are raised. On merits, it is averred that complainant should approach the criminal court for filing the case of cheating as this Commission does not have jurisdiction to entertain such a plea.
- The complainanthas filed the rejoinder to the written statement of OPs wherein he has denied the averment of written statements and reiterated the stand taken in the complaint.
- The parties were directed to lead the evidence.
- The complainant has filed his own affidavit in evidence and corroborated the version of complaint and placed reliance on the documents annexed with the complaint i.e. issuance of membership kit by OP-2, photocopy of the cheque bearing no.154686, photocopy of the passbook, complaints to SHO, PS Dabri and DGM, Commercial Cell, RBI, Parliament Street, New Delhi.
- The OP-1 has filed the affidavit of Ms. PoojaSethi, Branch Head, in evidence and corroborated the version of written statement and placed reliance on the order of Banking Ombudsman and complaint to SHO, PS Dabri, Ex.RW1/A and B.
- OP-2 did not file the evidence by way of an affidavit and accordingly proceeded ex-parte on 13.09.2013.
- The parties did not turn up for the arguments so the case was reserved for orders by keeping in view the fact that case pertains to year 2011.
- The perusal of the record shows that the complainant has taken the membership for the services of his car from OP-2 for a sum of Rs.299/- and issued the cheque bearing no.154686 of Rs.299/- drawn on OP-1 in favour of OP-2 to the representative of OP-2. The person has allegedly removed the name and amount from the cheque and filled it in the name of Sanjay Kumar for a sum of Rs.16,000/- and got it encashed from OP-1.
- The cheque was initially for a sum of Rs.299/- in favour of OP-2. The cheque was allegedly handed over to the representative of OP-2 without verifying from OP-2 whether any representative was sent or not. The alleged person has allegedly removed the name and amount and filled the name of Sanjay Kumar in the column of pay and Rs.16000/- in the column of rupees.
- This is a case of fraud and forgery. The detailed evidence is required in order to decide this issue. The report of handwriting expert is also required in order to compare the admitted handwriting of the complainant with the disputed handwriting on the cheque. This Commission decides the case on the basis of affidavits. The cases of cheating and fraud cannot be decided in a summary way i.e. evidence way of affidavits.
- The complainant should have approached the criminal court of competent jurisdiction with the complaint of cheating and forgery.
- The complaint is not maintainable in the present form before this Commission. Hence, the complaint of the complainant is dismissed.
- A copy of this order is to be sent to all the parties as per rule.
- File be consigned to record room.
- Announced in the open court on 07.05.2024.
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