Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:

(1)                This appeal takes an exception to an order dated 31.03.2003 passed in Consumer Complaint no.129/2000, Vijaykumar Shah V/s. The Manager, Canara Bank, by the Consumer Disputes Redressal Forum, Central Mumbai District, Mumbai.   By the impugned order the complaint stood dismissed except for the claim of `12/- and feeling aggrieved thereby original Complainant preferred this appeal.

(2)                Consumer complaint pertains to allegedly debiting service charges in the account of the Complainant for return of the cheque.  The facts as stated further show that the Bank returned the cheque to make enquiry as to whether there was sufficient fund to honour the cheque and subject to clarification, asked the Complainant to represent the cheque for encashment with the Bank.  For the service rendered, they debited certain charges. The action whereby the charges were debited, certainly, will not constitute deficiency in service, since they are charged as per the Banking practice and the rules of the business.  Under the circumstances, what has been awarded by the Forum cannot be faulted with.

(3)                Furthermore, admittedly, the service provider is a Bank, but Bank is not made a party.  An Official of the Bank is a separate and distinct jurisdic person under Section 2(1)(m) of the Consumer Protection Act 1986.  In the circumstances, the prayer for enhancement of claim other than what has been granted by the Forum, cannot be faulted with.

(4)                For the reasons stated above, we hold accordingly and pass the following order:

O  R  D  E  R

              (i)     Appeal is not admitted and stands disposed of accordingly.

            (ii)     No order as to costs.

Pronounced on 6^th July, 2011.