1 A/849/2019

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

2 A/849/2019

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

3 A/849/2019

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

4 A/849/2019

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 pray

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