CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA STATE, MUMBAI



FIRST APPEAL NO.860 OF 1999 Date of filing : 1999

IN CONSUMER COMPLAINT NO.385/1995 Date of order : 09/04/2009

DISTRICT CONSUMER FORUM, MUMBAI SUBURBAN



Mr.K.Chandra Mohan

Prop.M/s.Site Ads

120, Dady house, 3rd floor

Bora Bazar Street, Mumbai 400 001………..Appellant/org.complainant

v/s.

Punjab National Bank

7, Bhikaji Cama Place

African Avenue, New Delhi 110 066

And its branch office

At Topiwala compound, Goregaon

Mumbai 400 062 ………Respondent/org.O.P.



Corum: Justice Shri B.B.Vagyani, Hon’ble President

Shri S.R.Khanzode, Hon’ble Judicial Member



Present : None present for the appellant.

Ms.Merlin Montero-Advocate for the respondent.

O R A L O R D E R



Per Justice Shri B.B.Vagyani, Hon’ble President

None present for the appellant. Ms.Merlin Montero-Advocate for the respondent.

This appeal is filed by the original complainant in consumer complaint no.385/1995. Complaint filed by the present appellant is dismissed by the Mumbai Suburban District Consumer Forum. District Consumer Forum has concluded on the basis of material placed on record that there was no deficiency as such on the part of respondent bank and consequently complaint came to be dismissed. Client of present appellant had given two cheques drawn on Deccan Merchants Co-operative Bank Ltd., Ghatkopar. Both the cheques were deposited in the Punjab National Bank/respondent herein. Cheques were not honoured because of direction to stop payment. Appellant had made serious grievance about missing of cheques. However, District Consumer Forum relying upon the correspondence that took place between the parties has rightly concluded that cheques were in fact not misplaced by respondent. The cheques were sent along with MICR for clearing and were not received from the Reserve Bank of India by Deccan Merchants Co-operative Bank Ltd. In the meantime, the person who had given the cheques to the appellant gave instructions to the bank to stop payment and accordingly, payment was stopped. Taking into consideration, the factual position and having considered the material on record, District Consumer Forum has concluded that there was no deficiency as such on the part of respondent/bank. We therefore, held that dismissal order is perfectly legal and correct. No interference is called for. Appeal filed by the original complainant is without any merits. In the result, we pass following order:-

ORDER

1. Appeal stands dismissed.

2. No order as to costs.

3. Pronounced and dictated in the open court.

4. Copies of the order be furnished to the parties.





(S.R.Khanzode) (B.B.Vagyani)

Judicial Member President