STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND, DEHRADUN Date of Admission : 23.02.2017 Date of Final Hearing: 21.08.2023 Date of Pronouncement: 18.09.2023 First Appeal No. 26 / 2017 Oriental Bank of Commerce Rajpur Road, Dehradun Through its Branch Manager Sh. Vikas Dabral S/o Sh. Subhash Chand Dabral (Through: Sh. S.M. Joshi, Advocate)

…..Appellant VERSUS Dev Caterers

151, Balbir Road, Dehradun Through its Proprietor Sh. Shashikant Bose (Through: Ms. Anupama Gautam, Advocate)

…..Respondent Coram:

Ms. Kumkum Rani, Judicial Member II Mr. B.S. Manral, Member

ORDER

(Per: Ms. Kumkum Rani, Judicial Member II):

This appeal under Section 15 of The Consumer Protection Act, 1986 has been directed against the judgment and order dated 17.01.2017 passed by the learned District Consumer Disputes Redressal Forum, Dehradun (hereinafter to be referred as the District Commission) in consumer complaint No. 329 of 2012 styled as Dev Caterers Vs. Oriental Bank of Commerce, wherein and whereby the complaint was allowed.

2. The facts giving rise to the present appeal are as such that the complainant – Dev Caterers is the proprietorship concern and Sh. Shashi Kant Bose is its sole proprietor. The complainant was having a current account with the Oriental Bank of Commerce, Rajpur Road, Dehradun, which was operated by Sh. Shashi Kant Bose, the proprietor of Dev Caterers. The opposite party – Bank had issued cheque book to the complainant on his request and its leaf number from 656001 to 656050, which is in possession of the complainant. The complainant has issued the cheques to his suppliers for the period from 13.08.2012 to 24.08.2012 which were dishonoured by the Bank, then on dated 24.08.2012, the suppliers informed the complainant about the dishonour of the cheques by the Bank. On dated 24.08.2012, the complainant asked the Bank to supply the statement of account which was issued for the period from 01.08.2012 to 24.08.2012. A perusal of the statement of account has shown that a sum of Rs. 3,96,500/- has illegally withdrawn from his account on different dates from 13.08.2012 to 21.08.2012. On seeing this fact, the complainant was surprised and issued a letter on dated 25.08.2012 to the opposite party Bank stating therein that he came to know that a sum of Rs. 3,96,500/- has been illegally withdrawn from his account on different dates from 13.08.2012 to 21.08.2012, but the said withdrawal was not done by the complainant and a request was also made to the Bank that the matter be investigated and the complainant be informed as to whom this illegal and unauthorised withdrawal was made from his account, a copy thereof has also been sent to the Bank – opposite party. The complainant was supplied a photocopy of the application dated 13.08.2012 by the Bank issued by some Sh. Sandeep Air for issuance of cheque book and the said application did not bear the seal of the Dev Caterers and the stamp is forged and fake. It also does not bear the signature of the complainant. The request was for issuing a cheque book whereas the Bank issued two cheque books containing leaf Nos. 624226 to 624250 and 624251 to 624275. While issuing the cheque book, the Bank did not bother to verify the signatures of the complainant and without receipt of requisition form duly signed by the complainant, the account holder, issued two cheque books in favour of an unauthorised person having no concern with the account of the complainant. It shows the negligence on the part of the bank in regard to their duties. The complainant has also lodged an FIR with the police on dated 29.08.2012 regarding the unauthorised and illegal withdrawal of amount from his account. On the said FIR, the police has registered the case under Section 420 of the Indian Penal Code against unknown person. In the complaint, it is also averred that the Bank did not care to either verify the signatures of the complainant on the said cheques or to verify from the complainant as to why he is withdrawing different