Karnataka

Bangalore 4th Additional

CC/10/2715

N.Renuka President Srinidhi Mahila Swasahaya Sangha W/o. Venkataswamy Aged about 38 Years - Complainant(s)

Versus

The Manager Corporation Bank - Opp.Party(s)

Manjunath B.R

14 Dec 2010

ORDER

BEFORE THE 4TH ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN
No.8, 7th Floor, Shakara Bhavan,Cunninghum, Bangalore:-560052
 
Complaint Case No. CC/10/2715
 
1. N.Renuka President Srinidhi Mahila Swasahaya Sangha W/o. Venkataswamy Aged about 38 Years
R/o Sri. Nilaya, 7th Cross, Mariyappana Palya, Jnana Bharathi, Bangalore-560056.
Bangalore
Karnataka
...........Complainant(s)
Versus
1. The Manager Corporation Bank
Kengeri Satellite Town Branch, Bangalore-560060.
Bangalore
Karnataka
............Opp.Party(s)
 
BEFORE: 
 HONORABLE Sri D.Krishnappa PRESIDENT
 HONORABLE Ganganarsaiah Member
 HONORABLE Anita Shivakumar. K Member
 
PRESENT:
 
ORDER

Heard the counsel for the complainant regarding admission of this complaint.   The counsel has come up with this complaint with allegations of deficiency against the Op in bouncing the cheque issued on the ground of insufficient funds.  Learned counsel representing the complainant concede that the complainant did not have sufficient funds in her credit, that being an admitted fact the act of the Op in bouncing the cheque cannot be found fault of bouncing the cheque for that reason do not amounts deficiency in their service.

 

                 Counsel for the complainant nextly submitted that the holder of the cheque using the bouncing endorsement of the Op had initiated the proceeding U/S 138 of Negotiable Instrument Act which is ended in conviction convicting complainant.  An appeal field by her against the order of conviction has also been dismissed and that complainant has preferred Criminal Revision Petition.   When the issue of bouncing the cheque was a subject matter in Criminal Proceeding before a competent Criminal Court and has been decided on merits, the complainant again cannot turn back and present this complaint as a second round on litigation attributing deficiency to the Op.   The complainant has not proved prima-facie the act of Op as deficient.   Hence, we find no merits in the complaint and complaint is dismissed at the stage of admission with cost of Rs.1,000/-.

 

 
 
[HONORABLE Sri D.Krishnappa]
PRESIDENT
 
[HONORABLE Ganganarsaiah]
Member
 
[HONORABLE Anita Shivakumar. K]
Member

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