COMPLAINT BEFORE THE DISTRICT FORUM AGAINST A BANK FOR .PASSING OF A FORGED CHEQUE FROM THE COMPLAINANTS ACCOUNT
BEFORE THE HON'BLE DISTRICT CONSUMER FORUM, MEERUT
Consumer Complaint No . of 2000
XYZ s/0 …………..
Aged about………….years
Resident of ……………..
Meerut City………….Complainant
v
ABC Bank Ltd.
……………………Branch
………………………
Meerut City………….………….Opposite Party
The Complainant most respectfully showeth as follows:
(1) That the Complainant is an individual and is a consumer of the Opposite Party ABC Bank Ltd. The Opposite party ABC Bank Ltd., is a banking company incorporated under the Companies Act, 1956 and having its registered office at ……………………. …………….and having a branch at………….Meerut city. The Opposite Party is carrying on banking business within the meaning of Banking Regulation Act, 1949.
(2) That the Complainant is maintaining a Saving Bank Account bearing No. ………………………. with the Opposite Party bank with effect from .. ………….
(3) That the Complainant has been issued cheque book bearing cheques No. ……………………to………….by the Opposite Party bank on
(4) That the Complainant is getting the pass book of the said Saving Bank Account updated from the Opposite Party regularly as required by the Opposite Party.
(5) That when the Complainant got the Saving bank pass book updated on ……………………he came to know that a forged cheque No …………….dated …………….for Rs. 25,000 drawn in favour of Shri …………….has been debited from the account. As the said cheque was not issued by the Complainant, he approached the Branch Manager and asked the details of the said cheque.
(6) That the Branch Manager of the bank showed the said cheque to the Complainant and after seeing the said cheque, the Complainant informed the Branch Manager of the Opposite Party bank that the said cheque is forged and has not been issued by the Complainant. The said cheque has also not been issued to the Complainant in the cheque book issued to him by the Opposite Party bank. From the cheque, it is found that the signature of the drawer of the said cheque did not tally with the signature of the Complainant and if the officers of the Opposite Party bank would have seen the cheque carefully, they would have come to know about the forgery of the cheque.
(7) That the Complainant requested the Opposite Party bank to credit the amount of Rs. 25,000 to his account, which has been unauthorizedly and illegally debited from his account.
(8) That when the Opposite Party did not credit the amount of Rs. 25,000 to his Saving bank account, the Complainant sent a notice dated …………….to the Opposite Party through his advocate Shri …………….but neither the Opposite Party sent any reply to the said notice nor credited the amount of Rs. 25,000 to the account of the Complainant.
(9) That the Complainant has incurred a loss of Rs.25,000 due to negligent and careless act of the Opposite Party, which is deficiency in service in terms of section 2(l)(g), Consumer Protection Act, 1986.
(10) That the cause of action arose to file this complaint on …………….when the forged cheque of Rs. 25,000 was debited illegally to the account of Complainant.
(11) That the Complainant has incurred a loss of Rs. 25,000 due to deficiency in service on the part of the Opposite Party. The complainant has to undergo mental torture, harassment and mental strain due to debit of the said cheque from his account. Thus the Complainant is entitled to recover a sum of Rs. 40,000 from the Opposite Party (Rs. 25,000 the amount of the cheque debited from the complainant's account + Rs. 10,900 as compensation for mental torture, harassment and mental strain + Rs. 5,000 as legal expenses and correspondence).
(12) The Complainant submits his claim as under:
(i) Loss suffered due to unauthorised debit of the cheque from
the complainant's account Rs. 25,000
(ii) Compensation for mental torture, harassment and mental
torture, etc. Rs. 10,000
(iii) Expenses incurred in correspondence, postal, legal expenses
and miscellaneous charges Rs.5,000
(13) That this Forum has the jurisdiction to entertain this complaint.
(14) That the claim is within the limitation period of two years from the date on which the cause of action has arisen.
(15) That the Complainant prays that this Hon'ble Forum may be pleased to pass an order directing the Opposite Party Bank to pay a sum of Rs. 40,000 on account of loss and compensation claimed by the Complainant with interest from the date of the complaint upto the date of payment alongwith the cost of the complaint and such further relief as this Forum may consider appropriate and fit in the circumstances of the case.
…………………
Complainant
Through Shr…………………….Advocate
I …………….the complainant, herein verify that contents of paras 1 to …………….are true to my knowledge, that of para …………….to para …………….are based on legal advice, which I believe to be true and that of para …….are my prayers to this Forum.
Date: …………..
………………………
Complainant