Judgment:
K.S. Chaudhari, Presiding Member
Appellant has filed this appeal against the order dated 24.3.2014 passed by the Jharkhand State Consumer Disputes Redressal Commission, Ranchi (in short, the State Commission) in Complaint No. 25 of 2013 “ Ravinder Kumar Prasad Vs. The Zonal Manager, Bank of India and Ors. by which, complaint was dismissed.
2. Brief facts of the case are complainant/Appellant was having Bank Account with OP/Respondent. Complainant issued 8 cheques aggregating Rs.20,04,994/- as mentioned in paragraph 2 of the complaint. The cheques were presented in the Bank, but OP dishonoured cheques on the ground of insufficient fund, whereas complainant had Rs.17,45,925.17 in his account and OP was under an obligation to clear cheques to the extent of funds in the account and committed deficiency in dishonouring all the cheques. Alleging deficiency on the part of OP, complainant filed complaint before State Commission. Learned State Commission passed brief order which runs as under
œ3. In our opinion also if on a particular date several cheques are presented, and the balance is less than the total amount of cheques, the Bank cannot choose to honour or dishonor one or the other cheque. Therefore, it appears that the Bank was justified in dishonoring the cheques in question.
In the circumstances we find no merit in this complaint, which is accordingly dismissed?.
againstwhich, this revision petition has been filed.
3. Heard learned Counsel for the appellant and perused record.
4. It is not disputed that complainant issued cheques aggregating to Rs.20,04,994/- which were presented to OP on 7.4.2012 and on that day, balance in Complainants Account was Rs.17,47,925.70. As per OPs letter dated 12.2.2013, the actual available balance with the Bank was only Rs.16,93,513.70. Admittedly, Bank could not have cleared all the cheques and it was not within the domain of the Bank to choose to honour some of the cheques and dishonor some of the cheques and in such circumstances, Banks action was right in dishonouring all the cheques and learned State Commission has not committed any error in dismissing complaint at initial stage.
5. Consequently, appeal filed by the appellant is dismissed at admission stage with no order as to costs.