ORAL

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 365 of 2000

Union Bank of India, Patrakarpuram Branch,

Lucknow through its duly authorized officer,

Mr. Ashok Kumar Agarwal.                                ...Appellant.

Versus

Arun Kumar Srivastava, R/o B-3/37, Vinay

Khand-3, Gomti Nagar, Lucknow.                 .…Respondent.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Sri Vikas Saxena, Member.

Sri Rajesh Chaddha, Adovate for the appellant.

Sri Sanjay Kumar Kuntal, Advocate for the respondent.

Date 15.12.2021

JUDGMENT

Per Sri Sushil Kumar,  Member- This appeal has been directed against the judgment and order dated 21.1.2000 passed by the District Consumer Forum-II, Lucknow in complaint case no.330 of 1999, Arun Kumar Srivastava vs. Union Bank of India, whereby the complaint was allowed and appellant is directed to pay Rs.165000.00 alongwith interest and compensation.

          As per allegation of the complainant in his complaint he maintained account no.1517 in Union Bank of India, Patrakarpuram Branch, Gomtinagar, Lucknow. The complainant received a cheque book numbering 701 to 720 and signed all the cheques of the cheque book and put up in the bank for payment time to time. The complainant withdrew the amount from the bank on 16.5.1998, 14.7.1998, 14.7.1998 and 18.7.1998. When the complainant visited the bank to get the entries of transactions in the pass-book then he found that cheque no.0000705 amounting to Rs.165000.00 was encashed by the bank officials. The complainant never withdrew this amount from the bank. It is further mentioned in the complaint that while the complainant put the cheque

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no.704 before the bank officials for encashment, by mistake he put the cheque no.705 also with the cheque no.704 and some one after making false handwriting regarding the amount mentioned in the cheque withdrew the amount of Rs.165000.00. It is further mentioned that Rs.365000.00 was mentioned in the cheque  while this amount w as converted into Rs.165000.00 and made the false signature of the complainant. Then the complainant made a request to the bank officials for providing a photocopy of the cheque, so he may decide further cause of action against the bank. It is further mentioned that alteration in cheque amount  comes under the category of material alteration land according to the provisions of N.I. Act instrument becomes void and not to be honoured. Therefore, the complaint is filed against the bank officials for relief of payment of Rs.165000.00 alongwith interest.

          The bank admitted this contention that the complainant got issued the said cheque-book in ordinary course of business but pleaded that rest allegations are false, fake and wrong. Cheque no.705 amounting to Rs.165000.00 was present by the complainant himself on 9.10.1998 and after tallying the signature with the specimen signature payment was given to him only.

          The ld. District Forum opined that  the bank is failed to produce the cheque before the District Forum, so the District Forum concluded that the bank is responsible, therefore passed the impugned order.

          The instant appeal filed on the ground that the District Forum failed to exercise its jurisdiction by not referring the matter to the hand-writing expert and passed the judgment on the photocopies of the documents. Ld. District Forum failed to examine the fact that the complainant himself is responsible