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V.K.JAIN
UNION BANK OF INDIA – Appellant
Versus
LEARNING SPIRAL PVT LTD – Respondent


Advocates Appeared:
O.P. Gaggar, Adv., Manisha Gupta, Adv., Anand Shankar Jha, Adv., Arpit Gupta, Adv.

JUDGMENT/ORDER :

V K Jain, Presiding Member - Complainant sent a cheque by courier to one M/s Salasar Steel and Power Ltd., to its sister concern, at Raipur. The aforesaid cheque was allegedly encashed by one Tapan Kumar of Jamshedpur. On noticing the encashment of the cheque, the complainant took up the matter with the Bank and was informed that the cheque had been presented in clearing by ICICI Bank, Jamshedpur and had been encashed. Alleging deficiency in service rendered to it the complainant approached the concerned District Forum by way of Consumer Complaint, impleading Union Bank of India, ICICI Bank as well as the Courier as the OPs in the complaint.

2. The complaint was resisted by the petitioner Bank as well as ICICI Bank which took a preliminary objection stating that the complainant was not a consumer within the meaning of Consumer Protection Act.

3. The District Forum allowed the complaint against all the OPs and also directed the apportionment of the liability amongst all the OPs.

4. Being aggrieved by the order passed by the District Forum the petitioner Union Bank of India filed an appeal before the concerned State Commission. Appeals were also filed by ICICI Bank and t

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