IMPORTANT POINTS
1. Private Limited Company is also a person.—Para 15
2. Any goods obtained or services hired or availed by a Company can be said to have been obtained or hired or availed for a commercial purpose, only if the said goods or services are intrinsically connected with, or related to the business or commerce in which the Company is engaged.

M. Shreesha, Presiding Member—This Complaint has been preferred by a Private Limited Company under Section 21(A)(I) of the Consumer Protection Act, 1986 (in short “the Act”) against M/s Axis Bank, arrayed as the First Opposite Party (hereinafter referred to as “the Bank”), where the Complainant Company was holding an account in is Gurgaon Branch as Account No. 910020018173149. It is averred that on 07.09.,2011, the Complainant issued a letter to the Bank calling upon the Bank for stopping payment of the following cheques:—

“Sl. No.	Cheque No.
1.	173765 to 173800
2.	173684
3.	173690
4.	173817
5.	173831
6.	173832
7.	173833
8.	173682.”

2. It is stated that the afore-noted letter was duly acknowledged by the Bank on 07.09.2011 itself. The said cheques were given to Mr. Deepak Goyal, a representative of M/s Pyramid Tech Heights (P) Ltd., arrayed as Opposite Party No. 2 in the Complainant for business transactions between the Complainant Company and M/s Pyramid Tech Heights (P) Ltd. It is averred that the last business transaction with the said Company was entered into on 26.06.2011, whereafter, the Complainant called for return of the above cheques, whereupon it was informed by Mr. Deepak Goyal that the said cheques had been lost/misplaced by him and, therefore, the instructions for ‘stop payment’ of all the afore-noted cheques were issued to the Bank. It is pleaded that the outstanding dues and account of M/s Pyramid Tech Heights (P) Ltd. were duly settled and cleared by the Complainant on 24.03.2012, vide a cheque payment and the account between the Complainant and M/s Pyramid Tech Heights (P) Ltd. became ‘nil’ as on 24.03.2012.

3. After a year had passed since the instructions for ‘stop payment’ had been issued, the Complainant Company received some payments amounting to Rs.250 Lakhs from sale of some immovable properties and Complainant deposited the same with the Bank on 11.09.2012. On 12.09.2012, when the representative of the Complainant Company visited the Bank at 9.45 a.m., an amount of Rs.113.25 lakhs was debited from the Complainant’s account towards encashment of three cheques, against which instructions of ‘stop payment’ had been issued way back on 07.09.2011. The details of the cheques with the respective encashed amounts are detailed as hereunder:—

“Sl. No.	Cheque No.	Amount
1.	173782	40.00 Lakhs
2.	173783	40.00 Lakhs
3.	173784	33.25 Lakhs
		113.25 Lakhs”

Immediately on becoming aware about the said transactions, the Complainant addressed an e-mail on 12.09.2012 at 1.21 p.m. informing the Bank that the said three cheques had been fraudulently encashed for a sum of Rs.113.25 Lakhs, despite giving ‘stop payment’ instructions. The Bank requested the Complainant to lodge a Complaint in writing along-with a copy of the said ‘stop payment’ letter and the same was sent to the Bank within a span of a few hours. The Bank replied on 15.09.2012 and assured the Complainant of responding at the earliest. The Complainant also sent a letter on 13.09.2012 which was served upon the Bank on 14.09.2012 with a reminder letter on 18.09.2012 and an e-mail dated 18.09.2012.

4. It is averred that the Complainant Company had received a response from the Bank on 24.09.2012 on false and frivolous grounds that the payment has been made to three different concerns with whom the Complainant was having business transactions. After the Complainant had repeatedly corresponded with the Bank, the Bank responded on 15.10.2012 stating that an FIR was lodged and the Police was investigating the matter, but failed to credit the account of the Complainant with the sum of Rs.113,25 Lakhs. Out of the three concerns referred to by the Bank in their letter dated 24.09.2012, it is pleaded that the Complaint Company never had any dealings with M/s Florence