STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND, DEHRADUN Date of Admission : 06.08.2014 Date of Final Hearing : 09.01.2025 Date of Pronouncement : 29.01.2025 First Appeal No. 134 / 2014

1. State Bank of India Mangal Parao, Bareilly Road, Haldwani District Nainital

2. State Bank of India Local Head Office

11, Parliament Street, New Delhi

3. State Bank of India State Bank Bhawan, 8^th Floor Madam Cama Road, Mumbai (Through: Sh. S. Parashar, Advocate)

…..Appellants VERSUS

1. Sh. Nain Singh (deceased)

1/1. Sh. Harpal Singh S/o Late Sh. Nain Singh R/o Debpur Danai, Chorgalia, Haldwani, Nainital (Through: Sh. Arun Uniyal, Advocate)

…..Respondent No. 1/1

1/2. Smt. Pushpa Devi W/o Sh. Chandan Singh Mahara R/o Bachinagar Number 1, P.O. Lamachor, Haldwani, Nainital

1/3. Smt. Dhani Devi W/o Sh. Sh. Shankar Singh Kanwal R/o Puranpur Kumatia, P.O. Lamachor, Haldwani, Nainital 1/4. Smt. Janki Mahara W/o Sh. Rajendra Singh Mahara R/ Sainik Colony, Malli Bamori, Haldwani, Nainital

1/5. Smt. Jwala Devi W/o Sh. Pratap Singh Manral R/o Adarsh Nagar, Gali No. 2, Haldwani, Nainital ….. None for Respondent Nos. 1/2 to 1/5 Coram:

Ms. Kumkum Rani, President Mr. C.M. Singh, Member

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal under Section 15 of The Consumer Protection Act, 1986 has been directed against judgment and order dated 23.06.2014 passed by the learned District Consumer Disputes Redressal Forum, Nainital (hereinafter to be referred as the District Commission) in consumer complaint No. 67 of 2012 styled as Sh. Nain Singh Vs. State Bank of India and Ors., wherein and whereby the complaint was partly allowed.

2. The facts giving rise to the appeal, in brief, are as such that the complainant had current account No. 31701732370 in the bank of opposite parties. All the transactions were usually made through cheques for which the complainant always needed a cheque book from the bank. The complainant submitted a request in the second week of November, 2011 by filling requisition form for issuing cheque book to the complainant, but the same was not delivered to the complainant till first week of December, 2011. Thereafter the complainant contacted the opposite party No. 1, who apprised him that the cheque book was issued to the above account of the complainant, which was already sent on dated 05.12.2011 through speed post No. EU763141176IN and also advised him to fill another requisition form to issue another cheque book. The complainant did the same and in the first week of January, 2012, he got the new cheque book, but the opposite party No. 1 did not resolved the issue of non-receipt of first cheque book. In the month of month of February, 2012, the complainant obtained the statement of his account from the opposite party No. 1, then he found that there was a less amount to the tune of Rs. 10,30,610/- and it also came to the knowledge of the complainant that the aforesaid amount was withdrawn from his account on different dates, i.e. on 25.01.2012 through cheque No. 249098 Rs. 1,78,510/-, on 25.01.2012 through cheque No. 249099 Rs. 1,52,000/-, on 28.01.2012 through cheque No. 249088 Rs. 1,50,000/-, on 28.01.2012 through cheque No. 249096 Rs. 1,68,080/-, on 28.01.2012 through cheque No. 249097 Rs. 1,82,020/-, and on 31.01.2012 through cheque No. 249089 Rs. 2,00,000/-. After a deep scrutiny of the said account, it came to the knowledge of the complainant that the above mentioned cheques were of the said cheque book, which was allegedly sent to the complainant by speed post on 05^th December, 2011. The said cheque book issued in the month of November, 2011 which was neither received through speed post by the complainant nor by his representative. After receiving the knowledge of the illegal transaction of Rs. 10,30,610/-, the complainant requested the Bank by sending a letter dated 14.02.2012 to stop payment in regard to the above mentioned cheques and refund the amount of Rs. 10,03,610/-, debited from the account, but neither the concrete action wa