STATE CONSUMER DISPUTES REDRESSAL COMMISSION CIRCUIT BENCH NAGPUR FIRST APPEAL NO. SC/CB2/27/A/326/2017 THE BRANCH MANAGER PRESENT ADDRESS - STATE BANK OF INDIA, BRANCH KAULKHED, TAH AND DIST.

AKOLA,MAHARASHTRA.

.......Appellant(s)

Versus PRASHANT DINKARRAO RAUT PRESENT ADDRESS - R/O OLD KHETAN NAGAR, bEHIND SWAMI VIVEKANAND CONVENT KAULKHED AKOLA-444004,MAHARASHTRA.

.......Respondent(s)

BEFORE:

HON'BLE MRS. KALYANI KAPSE , PRESIDING MEMBER HON'BLE MS. SHAILA D. WANDHARE , MEMBER FOR THE APPELLANT:

MRS. ANITA BHOJWANI, LEARNED ADVOCATE FOR THE APPELLANT AND FOR THE RESPONDENT:

MR ASHISH GIRADKAR, LEARNED ADVOCATE FOR THE RESPONDENT.

DATED: 09/12/2025

ORDER

PER MRS.KALYANI KAPSE, HON’BLE PRESIDING MEMBER

1. The present appeal is preferred by the Appellants namely The Branch Manager, State Bank of India, Akola against the Order and Judgement dtd 26/05/2017 in Complaint No. CC/136/2016 passed by learned District Consumer Dispute Redressal Forum, Akola (The Forum) under section 12 of the Consumer Protection Act, 1986. (for the sake of brevity “The Act”)

2. The learned Forum at Akola has partly allowed the complaint filed under section

12 of the Act and hence this appeal under section 15 of the Act.The brief facts of the appeal mentioned herein below. (Parties are hereinafter referred as per their original nomenclature i.e. the present Respondent as Complainant and present Appellant SBI as Opposite Party for better appreciation)

3. It is the case of Complainant that the respondent /Complainant is having his savings account with the opponent State bank of India, Kaulkhed Branch Dist. Akola. The Complainant had deposited Cheque No. 307379 dated 09/03/2016 amounting to Rs 4,50,000/-drawn on Jalgaon Janata Sahakari Bank Ltd, Branch- Khamgaon.The said cheque was issued to Complainant by Shri Jagannath Vishwanath Ghule. The said cheque was dishonoured. The complainant deposited again the said cheque on 17/05/2016. The aforesaid cheque was sent by appellant Bank to State Bank of India , Akola BranchKhamgaon for clearing. The complainant did not receive any information about the cheque. The appellant also tried to receive any information about the cheque. Thereafter the complainant filed the complaint before the learned District Forum, Akola.

4. Notice was served to Opponent. By way of Written Version (W.S.) dated

30/11/2016 Opponent by general denials and defences restricted the claim of the Complainant. In reply Opposite Party submitted that the Complainant's cheque was sent for clearing by the opposite party since the opposite party is a bank, but for the cheque to be dishonoured the other parties, such as the person issuing the cheque, the bank whose cheque is the bank Jalgaon Janata Sahakari Bank, Khamgaon Branch, are still necessary for this process and since the complainant has not included them as opposite parties in the complaint, it will not be justified to believe the complainant's statement. Also, the real information will not be able to come before the forum. Perhaps there is collusion between the person issuing the cheque and the complainant, and although this financial transaction has been failed, this complaint has been filed to take advantage of a technical error. Therefore, it will not be right to hold the opposite party alone responsible. Even if it is accepted that the complainant did not receive any information from the opposing party, there were other ways available to the complainant to recover the said amount through legal means and there are still other ways, therefore the question of seeking compensation does not arise. The complainant has not made other parties a party in this case, but the possibility of their having committed irregularities in the service cannot be ruled out, nor can the possibility of the complainant having collusion with them be ruled out. There is no relationship between the opposing party and the complainant as per the provisions of Section 138 of the N.I. Act. Therefore, the complainant's demand is not v