Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member
This appeal is directed against the order dated 21/09/2010 passed in consumer complaint bearing no.290/10, Ramakant Rajaram Bhosale v/s. Union Bank of India, Kolhapur, whereby consumer complaint stood dismissed by District Consumer Disputes Redressal Forum, Kolhapur (‘the forum’ in short).
According to appellant/org.complainant arrangements were made between him and the bank that if a cheque is issued on one account and if the balance there is insufficient to honour the cheque, then if there is sufficient balance to honour the cheque in other account standing in the name of his wife, amount could be drawn from the said account of the wife to honour the cheque. According to the complainant, he had issued one cheque to pay the bill amount of `411/- and `462/- to the Telephone company -BSNL and another cheque was issued to make the payment towards the bills of Maharashtra State Electricity Distribution Company. However, those cheques were dishonoured on the ground of insufficient balance in the account. The bank did not draw the amount as stated aforesaid from the account of the complainant’s wife, where the sufficient balance was lying and, therefore, alleging deficiency in service on part of the Bank, consumer complaint was filed.
Bank denied existence of any such arrangement and that it was so agreed between the parties. Forum accepting the contention of the bank, dismissed the consumer complaint.
The appellant /complainant wants to rely upon the letter dated 30/5/2008 given to the bank by him regarding the above referred arrangement. However, bank though admit having received such letter, denied that any such arrangement was accepted and agreed upon. It is further contended by the bank that though clearance of cheques issued is possible from any of the bank’s branches through core banking/internet is possible, it is not possible to transfer the balance from one account to another account to honour the cheque. Complainant failed to show that any such arrangement in fact was accepted and bank agreed to give such service. Under the circumstances, forum rightly dismissed the consumer complaint and we find no fault with it and finding the appeal devoid of any substance, we pass the following order:-
ORDER
Appeal stands dismissed in limine.
No order as to costs.
Copies of the order be furnished to the parties.
Pronounced
Dated 29th March, 2011.
