Redressal Agencies under the Consumer Protection Act are not meant to handle complicated issues of facts and may decline to exercise jurisdiction in such cases.

Mr. Justice Lokeshwar Prasad, President—The present appeal, filed by the appellant, under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is directed against order dated 20th August, 2002, passed by District Forum (Central), ISBT, Kashmere Gate, Delhi in Complaint Case No. 1199/2000 entitled — Smt. Hazara Begum (Deceased) through Shri Saiyed Mohd. Ahmed v. The Janta Co-Operative Bank Limited.

2. The facts, relevant for the disposal of the above mentioned appeal, in brief, are that Smt. Hazara Begum, the late wife of Shri Saiyed Mohd. Ahmed, the appellant, had filed a complaint under Section 12 of the Act before the District Forum, averring therein that said Smt. Hazara Begum was having a Savings Bank Account bearing No. 881 since 1978 with the respondent Bank. It was stated that in respect of the above Saving Bank account she was availing cheque book facility and a cheque book, containing 10 leaves, bearing No. 032641 to 032650, was issued to her by the respondent Bank. It was stated that out of those cheques only one cheque, bearing No. 032641 was utilized by her on 9th January, 1996 and the remaining cheques remained unutilized with the account holder said Smt. Hazara Begum. It was stated that after 9th January, 1996 neither any withdrawal was made by her nor any of the cheques from that cheque book were issued by her. It was stated that on or about 24th November, 1999 when said Smt. Hazara Begum needed money she wanted to withdraw some amount from the above said Savings Bank account through her husband as she was a ‘Pardanashin lady’ but was informed by her husband Shri Saiyed Mohd. Ahmed that illegally and unauthorisedly two withdrawals for Rs. 2,50,000/- and Rs. 10,000/- had been made on 17th July, 1999 and on 19th August, 1999 respectively by means of cheque bearing No. 167596 dated 17th July, 1999 and cheque No. 167592 dated 10th August, 1999 by some one. It was stated that the complainant came to know that the respondent Bank had unauthorisedly issued another cheque book in respect of that Savings Bank account to some other person on the basis of which the above said two unauthorized withdrawals were made from her Savings Bank account. Alleging deficiency in service on the part of the respondent Bank it was prayed by the complainant that the respondent Bank be directed to pay to the complainant a sum of Rs. 3,95,700/- as detailed in para 10 of the complaint together with interest @ 18% per annum.

3. The claim of the complainant Smt. Hazara Begum was resisted by the respondent and in the reply/written version filed on behalf of the respondent it was stated that there was no deficiency in service on the part of the respondent because before honouring cheque Nos. 167596 and 167592 the respondent Bank had verified the signatures of the complainant on front as well as on reverse side of the cheques with the specimen signatures of the complainant available with the respondent Bank and on being satisfied that they were similar and that there was no dissimilarity in the signatures, payment in respect of those cheques was made by the respondent Bank. It was also stated that there was no rule that a fresh cheque book cannot be issued unless the old cheques had been fully utilized or presented to the Bank. It was also stated that on the complaint of the complainant a detailed enquiry was conducted by the respondent and the respondent Bank even had obtained opinion of a Handwriting Expert about the genuineness of the signatures on the cheques in question. It was stated that about the above said incident a report had also been lodged with the authorities of Police Station, Daryaganj vide FIR No. 663/99 under Sections 420, 468 and 471, I.P.C.

4. The learned District Forum vide impugned order has held that the case involves complicated questions of law and fact and, therefore, it is not possible to adjudicate the same by a Redressal Agency established under the Act. On the above ground the le