Bihar

Gaya

CC.No. 113/2012

Alok Kumar - Complainant(s)

Versus

Manager ICICI Bank - Opp.Party(s)

Prabhakar Nath Rai

22 Nov 2017

ORDER

In the court of District Consumer Forum, Gaya

Consumer Complainant Case No. – 113 of 2012

Dr Alok Kumar son of late Bhagwat Prasad Gupta C/o Siri Nagina Sharma, resident of Mohalla -Dak Asthan Bairagi, near water Tanki, police station-Kotwali, District-Gaya....Complainant

                                         V/s
Manager, ICICI Bank, Branch Office, Gaya, ground floor, Hotel Heritage Inn, Kashinath more, R.J Place, S.P  road, Gaya, District- Gaya... Opposite Party.

Present:
 1. Shri Ramesh Chandra Singh..... President

 2. Syed Mohtashim Akhtar....Male Member

 3. Smt. Sunita Kumari ....Female Member

Dated:- 29.12.2017                      Shri Ramesh Chandra Singh..... President

                              1. The instant case has been filed by the complainant Dr Alok Kumar against the opposite party for deficiency in service for illegally dishonouring his two cheques despite of sufficient balance and demanded payment of 9 lakh which was his loss.

                               (2)                    Case No.-113-2012

                                2. Briefly stated, the case of the complainant is that he is an account holder of the opposite party Bank bearing savings account number . On 6th August

                           3. The opposite party appeared and fined his Written Statement mentioning therein that since the signature of the complainant was not uploaded in the bank system his cheque was returned. It has been further stated that although it was the duty of the opposite party to up to date the signature of the

                                      (3)             Case No.-113-2012

complainant in the system, however,  service the same was not done  inadvertently and the opposite party acting as a Bonafide banker, refused to clear the cheques. The opposite party returned the cheque, because it is duty of the bank to ensure with proper verification to save the interest of the account holder. There after the grievance of the complainant was duly rectified by paying ₹                                 4. Both parties find their evidences on affidavits and the complainant has filed the relevant documents.

                                 5. The point of determination is whether the act of the opposite party is deficiency in service and whether the complainant is liable to get the compensation.

                                   6. It is admitted fact that the cheques issued by the complainant had been dishonoured by the opposite party, because his signature  was not uploaded due to negligence of the opposite party in the bank system and it is also admitted that ₹ 1,

 (4)              Case No.-113-2012

negligence of the bank is not excusable and it is serious in nature. So only paying ₹1,

      Dictated and corrected

Female Member          Male Member                    President

Sunita Kumari                    Syed Mohtashim Akhtar       Ramesh Chandra Singh