Date of filing : 10.09.2015 IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present: Hon’ble Thiru Justice R.SUBBIAH ... PRESIDENT Thiru.R VENKATESAPERUMAL … MEMBER C.C. No.209 of 2015 Orders pronounced on: 29.11.2022 M/s.Harima Foods, rep. by its Proprietor-B.Saravanan, No.1/340, Jyothi Nagar, Kovalam Road, Kelambakkam, Chennai 600 103. … Complainant vs.

1. M/s.Reserve Bank of India, South Zonal Office, rep. by its Regional Director, No.16, Rajaji Salai, Fort Glacis, Chennai 600 001.

2. M/s.Axis Bank Ltd., T. Nagar Branch, rep. by its Branch Manager, T. Nagar, Chennai 600 017.

3. M/s.Axis Bank Ltd., Chennai Main Branch, rep. by its Branch Manager, No.82, Radhakrishnan Salai, Mylapore, Chennai 600 004.

4. M/s.The Catholic Syrian Bank Ltd., Royapettah Branch, rep. by its Branch Manager, No.18, V.S.S.M. Building, Royapettah Road, Chennai 600 014.

5. M/s.UCO Bank Ltd., Parrys Branch, rep. by its Branch Manager, 328, Thambu Chetty Street, George Town, Chennai 600 001. ... Opposite Parties For Complainant : M/s. G.Ramesh For OP No.1 : Party in person Opposite Party Nos.2 & 3 : Exparte -

(M/s. R. Palani Kumar Ramesh)

For OP No.4 : M/s. Sampath kumar & Asso.

OP No.5 : Exparte This Complaint came up for final hearing on 23.09.2022 and, after hearing the arguments of the counsels for the parties concerned and perusing the materials on record and having stood over for consideration till this day, this Commission passes the following:-

O R D E R

R.Subbiah, J. President .

–

The complainant herein, who is aggrieved by the payment made to a third party on a cheque that was actually drawn in his favour, alleges service deficiency against the Opposite Parties/Banks and seeks this Commission to direct the Banks to jointly and severally pay to him the cheque amount of Rs.97,667/- and another sum of Rs.30 lakh as compensation for the mental agony suffered by him due to such service deficiency.

2. The case of the complainant, as averred in the complaint, is concisely narrated below:-

The complainant, who holds a Current Account bearing No.912020001544394 with the 2nd OP/Axis Bank, had received a payment of Rs.97,667/- from his client- M/s.Fathima Agencies (P) Ltd. by way of an A/c. Payee Cheque bearing No.567886, dated 04.04.2015, drawn on the 4th OP/Catholic Syrian Bank. The said cheque was deposited by him on the same date in the ATM Cheque Drop Box at the ATM Facility of the 3rd OP/Axis Bank. While so, till 08.04.2015, the cheque amount was not credited to his account, whereupon, the complainant enquired with his Banker/2nd OP-Axis Bank that advised him to approach the 3rd OP in whose Cheque Drop Box the instrument was deposited. On 10.04.2015, the 3rd OP informed the complainant that on 05.04.2015, there was a theft incident at their ATM Centre by breaking open the Cheque Drop Box and many high-value cheques including that of the complainant were stolen. The complainant had lodged a complaint with the 3rd OP, who further informed him that a private police complaint had also been lodged by their Branch Manger about the theft of cheques from their Cheque Drop Box. In the meantime, the complainant was also informed by his client, who issued the cheque in question, that the instrument was manipulated and misused by the culprits who are suspected to have committed theft at the ATM facility of the 3rd OP and that the cheque was cleared on 07.04.2015 in favour of one Rajesh Harilal Parmar. The said clearance only shows the negligence and recklessness on the part of OP Nos.4 and 5. OP Nos.2 and 3 remain silent and irresponsive on the grievance of the complainant. Even after proper complaint before the Banking Ombudsman, who is an authority appointed under the provisions of the BO Scheme introduced by the 1st OP/RBI, the said OP too remains inactive and irresponsive towards the issue raised by the complainant. For the legal notice, dated 17.06.2015, sent by the complainant to all the OPs, he received only evasive replies. Hence, the prese