Skip to content


M/S. Chandhaok Bearing Pvt. Ltd., Mumbai Vs. Dena Bank Branch Office at Sandhurst Bridge Branch, Mumbai - Court Judgment

SooperKanoon Citation

Court

Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Decided On

Case Number

Consumer Complaint No.152 of 2008

Judge

Appellant

M/S. Chandhaok Bearing Pvt. Ltd., Mumbai

Respondent

Dena Bank Branch Office at Sandhurst Bridge Branch, Mumbai

Advocates:

Ms. Mamta Singh, Adv. h/f. Mr. Talreja, Adv. for Complainant. Ms. Pallavi Khangaonkar, Adv. for O.P.

Excerpt:


.....al amin consultant through their banker-qatar national bank. however, said draft remained unpaid with the reason ‘obsolete routing number. thus, it was revealed that it was a fake draft purchased by the bank and therefore, o.p./bank vide its letter dated 10/10/2008 brought this fact to the notice of complainant and demanded back from him the amount which they had parted with under the said fake draft. this complaint is filed with a prayer to declare that said demand is illegal, of course, coupled with compensation. there cannot be any deficiency in service on the part of bank to claim back their dues. there is no element of service involved once the draft was found fake and not honoured. the bank was right in claiming back their dues from the complainant. the dispute, if any, if the complainant desires to raise, he has to choose appropriate other forum and not the consumer fora. we hold accordingly and pass the following order:- order: 1. complaint stands dismissed. 2. no order as to costs. 3. copies of the order be furnished to the parties.

Judgment:


Oral Order:-

Per Shri S.R. Khanzode, Honble Presiding Judicial Member

We heard Ms. Mamta Singh, Advocate h/f. Mr. Talreja, Advocate for complainant and Ms. Pallavi Khangaonkar, Adv. for O.P./Bank. Perused the complaint.

In the instant case, O.P./Bank had purchased a demand draft No.408498 dated 07/08/2008 for US $ 1,27,000.00 issued by Al Amin Consultant through their banker-Qatar national Bank. However, said draft remained unpaid with the reason ‘Obsolete Routing Number. Thus, it was revealed that it was a fake draft purchased by the Bank and therefore, O.P./Bank vide its letter dated 10/10/2008 brought this fact to the notice of complainant and demanded back from him the amount which they had parted with under the said fake draft. This complaint is filed with a prayer to declare that said demand is illegal, of course, coupled with compensation.

There cannot be any deficiency in service on the part of Bank to claim back their dues. There is no element of service involved once the draft was found fake and not honoured. The Bank was right in claiming back their dues from the complainant. The dispute, if any, if the complainant desires to raise, he has to choose appropriate other Forum and not the Consumer Fora. We hold accordingly and pass the following order:-

Order:

1. Complaint stands dismissed.

2. No order as to costs.

3. Copies of the order be furnished to the parties.




Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //