STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. A/740/2019
( Date of Filing : 24 Oct 2019 ) (Arisen out of Order Dated 23/09/2019 in Case No. Complaint Case No. CC/453/2018 of District Kolkata-II(Central))
1. Susmit Kumar Nandi 203A/2, Moti lal Gupta Road, Flat -301, Top Floor, Urmila Bhawan, Kolkata - 700 082, P.S. - Haridevpur. ...........Appellant(s) Versus
1. Branch Manager, State Bank of India, Bhowanipore Bhowanipore, Jadu Babu Br., Kolkata -700 025, shifted to SBI, Br. Code-60393, 11A, Asutosh Mukherjee Road, Kolkata -700 020, P.S. Bhowanipore. ...........Respondent(s)
BEFORE:
HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER PRESENT:In-person, Advocate for the Appellant 1 Dated : 07 Jan 2022
Final Order / Judgement
Sri Shyamal Gupta, Member
This Appeal is directed against the order dated 23.09.2019 of the Ld. DCDRC Kolkata—II (Central) passed in CC/453/2018 by the Appellant/Complainant. Without giving to the details of the Complaint Case, it be stated that over the clearance of an A/C Payee Cheque of Rs. 40,000/- dated 14.11.2017 payable to OTL, Complainant raised two fold objection against the Bank authority, i.e.:-
(i)Mismatch of signature.
(ii) Clearance of Cheque in spite of 'stop payment of cheque' instruction to Bank On hearing both sides, Ld. DCDRC dismissed the case on following observation on 23.09.2021.
"Now, dealing with the main issue of encashment of the cheque in question, it has been stated by the O.P. Bank that the said cheque dated 14.11.2017 was encashed on 16.11.2017 as the signature appearing in the cheque match with the documents maintained in the record of the bank. In their good judgment the official of the O.P. Bank honoured the cheque dated 14.11.2017. Complainant did not file any application referring the cheque dated 14.11.2017 to the handwriting expert for opinion that the signature appearing in the cheque is genuine or not. It is true that the complainant submitted a prayer for stop payment of cheque No. 019756 dated 14.11.2017 to the O.P. Bank on 20.11.2017 after expiry of three days from the date of clearance
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of the cheque. It is pertinent to mention here that the Complainant did not whisper the fact of
"stop payment of cheque" in the complaint petition. Complainant was aware that signature appearing in the cheque No. 019756 dated 14.11.2017 is different and the Complainant should have intimate the Bank to stop payment immediately. Cheque was cleared on 16.11.2017 and stop payment request was submitted to the Bank of 20.11.2017."
Being aggrieved with that order, Complainant/Appellant filed this Appeal which was heard ex parte on 29.12.2021.
Perused the document in question, signature card (Annexure K Signature in disputed cheque (Annexure-c). There is no such variation observed in naked eyes. Regarding 'stop payment' matter, the same is duly explained in the order dated 23.09.2019. Appellant in his BNA, in paragraph 18 raised some point regarding Ld. DCDRC but the same cannot be verified as the instant Appeal Petition,- it is endorsed by this office as Defect No. 6.
"No Complaint Petition, no evidence etc was filed".
In view of the said circumstances, I am of the view that there is no such justification to interfere with the order passed by the Ld. DCDRC. The Appeal is devoid of merit. Hence,
Ordered
That the instant Appeal is dismissed and the order dated 23.09.2019 passed by Ld. DCDRC is hereby affirmed.
[HON'BLE MR. SHYAMAL GUPTA]
PRESIDING MEMBER
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