IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present : Hon’ble Thiru. Justice R. SUBBIAH….. PRESIDENT F.A. No. 70 of 2018 (against the order dated 26.12.2017 made in C.C. No. 14 of 2015 on the file of the District Consumer Dispute Redressal Commission, Chengalpattu)

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Pronounced on : 30.09.2025 M/s. Indian Bank Chengalpattu Branch Rep. by its Branch Managr No.5, Chinnamaniyakara Street Chengalpattu Town Kancheepuram District .. Appellant/Opposite Party Versus M/s. Kalaivani Medicals Rep. by its Proprietor Mr. T. Shanmugaselvam No.4B, Devarajanar Street Vedachalam Nagar Chengalpattu Town Kancheepuram District .. Respondent/Complainant For Appellant : Mrs. M. Vijayalakshmi For Respondent : Mr. J. Ravikumar This appeal came up for final hearing on 04.06.2025 and upon hearing the arguments of the counsel for the appellant as well as the learned counsel for the respondent and on perusing the material records, this Commission made the following

ORDER

The appellant has come forward with this appeal, questioning the correctness and/or validity of the order dated 26.12.2017 made in C.C. No. 14 of 2015 on the file of the District Consumer Dispute Redressal Commission, Chengalpattu, allowing the consumer Complaint filed by the respondent herein.

2. The respondent herein, as Complainant, has filed the Consumer Complaint No. 14 of 2015 under Section 12 of The Consumer Protection Act stating that he had opened a Current Account Number 21601284030 in his proprietorship concern name viz., Kalaivani Medicals with the Opposite Party Bank. According to the complainant, he had regularly transacted with the current account and maintained the minimum balance, as required. It was stated that in his individual capacity, he was asked to sign some papers in the bank and later he came to know that he was made to sign as a surety to his friends M/s. Pawan Kumar, Proprietor of M/s. Shanthinath Distributors and Mr. Manoj Kumar who have availed term loan to the tune of Rs.3,10,000/- and 40,000/- respectively from the Opposite Party bank. In connection with non-payment of loan amount by the borrowers, the complainant also received legal notice dated 18.07.2013 only in his individual capacity. According to the complainant, he has not signed the loan papers in his capacity as Proprietor of M/s. Kalaivani Medicals. However, the Opposite Party bank arbitrarily dishonoured the cheque issued by the complainant to one of his suppliers on 18.10.2013 even though he had sufficient balance to honour the cheque. On coming to know the dishonor of the cheque, the complainant obtained a statement of his current account and found that as on 17.10.2013, there was a clear balance of Rs.1,13,968/- to honour the cheque amount of Rs.4,227/-. Even otherwise, in the legal notice dated 17.10.2013, there was no reference made to the default committed by the principal borrowers. According to the complainant, because of the dishonour of the cheque his reputation has been brought down among his suppliers. Further, the Opposite Party also did not permit him to operate the bank account and thereby his business was ruined. The complainant could not purchase drugs and consequently he could not run the medical shop business. When the complainant contacted his advocate and was about to initiate legal action against the opposite party, the Opposite Party issued a notice dated 16.10.2013, but it was sent only on 24.10.2013 as per the postal seal. The complainant also sent a reply notice on 29.10.2013 repudiating the averments made therein. It is in those circumstances, the complainant has filed the Consumer Complaint seeking to direct the Opposite Party to restore the balance of Rs.1,13,988/- which stood as clear balance as on 17.10.2013 together with interest at 12% per annum from 17.10.2013, till the amount is deposited in complainant’s current account besides directing the opposite party to pay compensation for the mental agony, financial loss and business loss to