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niraj (legal practitioner)     29 June 2009

defeciecyinservice

a cheque presented for payments and accordingly the bank paid to the person.later on the account holder submited that cheque was not issued by him and the bank has caused defeciency in service accordingly lodged a complaint before district consu. forum.should it be admitted?



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 7 Replies

Swami Sadashiva Brahmendra Sar (Nil)     29 June 2009

This may be a case of forgery and other criminal acts but not a deficiency in service.

Uday (Lawyer)     30 June 2009

I agree with Mr.Tripathi.

niraj (legal practitioner)     12 July 2009

thanks to all,pl. inform few rulings to defend at hearing on admission on behalf of the bank

 

 

 

 

 

 

V.T.Venkataram (Advocate and Consumer Activist)     06 October 2009

If the banks have not verified the signature before payment , it amounts to deficiency in service. But the consumer's carelessness in leaving a cheque book to be used by others is a good defence for the bank.

Please visit   https://www.rediff.com/money/2008/oct/21bank.htm

 

Bhushan V. Kale (Lawyer)     06 October 2009

It is better to file criminal complaint than approaching to Consumer Forum.

A.P.Manoranjan (ADVOCATES & LEGAL ADVISORS)     25 October 2009

Bank is not responsible for such wrong payments since the cheque book is issued to the person from whose account the amount is withdrawn.

Siddharth Chitturi (Advocate)     11 November 2009

there is no deficency in service on the part of the bank. the bank has provided its services to the customers. this is clear case of criminal nature, at remedy as private complaint before the magistrate or case registered at the Police.


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