Date of filing :03.05.2019 Date of order :21.04.2022 MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION,MUMBAI, BENCH AT AURANGABAD FIRST APPEAL NO. : 849 OF 2019 IN COMPLAINT CASE NO.: 449 OF 2018 DISTRICT CONSUMER FORUM : AURANGABAD.

Vinayak s/o Abarao Hiwale Patil, R/o Wahegaon, Tq. Gangapur, Dist. Aurangabad. APPELLANT VERSUS Manager, State Bank of India, Branch Grampanchayat road, Newargaon, Tq. Gangapur, Dist. Aurangabad. RESPONDENT CORAM :Smt.S.T.Barne, Hon’ble Presiding Judicial Member.

Mr.K.M.Lawande, Hon’ble Member.

Present : Adv.R.N.Sonune for appellant, Adv.B.B.Kulkarni for respondent.

J U D G M E N T

(Delivered on 21/04/2022)

Per Smt.S.T.Barne, Hon’ble Presiding Judicial Member.

1. The appellant Vinayak s/o Abarao Hiwale Patil has preferred this appeal against the judgment and order of Dist. Consumer Forum decided on 3.4.2019. The appellant is the complainant and respondent is the opponent in the complaint before Dist. Consumer Forum. Hence, they are hereinafter referred as per their status in the complaint before Dist. Consumer Forum as the complainant and opponent.

2. The complainant Vinayak Abarao Hiwale Patil has filed consumer complaint no. 449/18 before Dist. Consumer Forum alleging therein that, he is having his bank account jointly with his wife with opponent Bank bearing account no. 62229026698. The complainant was to repay the loan amount of Devidas Ramrao Sarovar. Therefore, he has issued one cheque of Rs. 11 Lakhs drawn on his account of opponent Bank. When the cheque was presented by said Devidas Sarovar in the branch of opponent Bank at Gangapur on 6.7.2018 at that time amount of Rs.26,58,007.36 was balance on his account. However, the opponent Bank has returned said cheque without encashing the same. Therefore, the complainant and said bearer of cheque reached to the opponent Bank and inquired about dishonour of cheque. At that time it was informed to complainant that, he should bring his wife to the Bank and to make application for encashment of cheque. However, in spite of it the cheque was dishonoured. Therefore, due to said deficiency in service on the part of opponent the complainant has filed consumer complaint and claimed Rs. 11 Lakh for compensation towards dishonour of cheque and deficiency in service on the part of opponent, Rs.2 Lakhs towards compensation for physical and mental agony, Rs. 15,000/-

towards cost of proceeding.

3. The opponent State Bank, Gangapur Branch has filed its written statement before Dist. Consumer Forum. The copy of same is at page no. 32 to 35 of appeal compilation. The opponent has denied all adverse allegations. It is the contention of opponent that, the complainant with his wife Shashikala Vinayak Hiwale Patil is having joint account with opponent. Therefore, the wife of complainant is necessary party. The wife of complainant has informed the bank with application dated 5.5.2018 and 15.6.2018 to put hold on the account and to stop the payment, due to their family problem. Therefore, as the wife of complainant has requested to put hold on said account said cheque could not be enchased and it was returned by showing zero balance, or insufficient funds. On 13.7.2018 again the wife of complainant has submitted another application to release the hold put on their account. Therefore, account was released from hold. There is no deficiency in service on the part of opponent. Hence, opponent has prayed for dismissal of complaint.

4. The Dist. Consumer Forum after giving opportunity of hearing to both the parties pleased to dismiss the complaint. Being aggrieved by said order the complainant has preferred this appeal on the following grounds.

That, the Dist. Consumer Forum has not considered the documentary evidence on record and arrived at wrong conclusion. The Dist. Consumer Forum unnecessarily discussed the fact of putting the hold and on the account stop which again returned cheque memo of respondent. The Dist. Consumer Forum failed to consider that, the cheque was give