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'Can’t resolve cheating cases in summary trial’

The Pune district consumer disputes redressal forum has held that allegations of cheating, fraud and forgery cannot be resolved in a summary proceeding.

"Such matters need detail investigation, inquiry and examination of witnesses for adjudication of dispute," a three-member bench of the forum, headed by its president V P Utpat, has ruled.

In a judgment pronounced on May 16, the forum dismissed the complaint by a Bhosalenagar couple who alleged deficient service on the part of the Bank of Baroda and Bank of Maharashtra branches at Yeshwantnagar and Ganeshkhind Road respectively, following an alleged fraudulent encashment of Rs 3 lakh cheque from their account.

The forum held that it has no jurisdiction to entertain the complaint as the dispute between the complainant and the two banks involved complicated questions of law and facts that required thorough inquiry, examination of witnesses and the same was not possible in summary proceeding. The forum relied on a August 30, 2000 judgment by the national consumer disputes redressal commission which held that such matters can not be decided by the consumer forum.

In their complaint, Satish S Aurangabadkar and his wife Nandshree had sought the forum's directions to the two banks for refund of Rs 3 lakh with Rs 69,386.30 in interest between October 24, 2008 till February 5, 2010 when the complaint was filed. The couple also sought further interest at the rate of 18% from February 5, 2010 till the forum's order besides Rs 10,000 cost of correspondence, Rs 50,000 litigation cost and Rs 3 lakh in compensation.

According to their complaint, Nandshree, who had an account with the Yeshwantnagar branch of Bank of Baroda, had issued a bearer cheque of Rs 3 lakh in the name of her husband, Satish, who had an account with the Ganeshkhind branch of Bank of Maharashtra. Satish deposited the cheque in his account on October 24, 2008 and nearly three weeks later when he visited the bank, he was told that the cheque had not been credited in his account. Further inquiry revealed that somebody else had encashed the cheque on October 25, 2008.

In the ensuing dispute, the couple alleged that some staffers from the two banks had colluded to effect the encashment. On their part, the banks insisted that the cheque was never deposited and was neither sent for clearance. It was a bearer cheque and they had taken all precautions required for encashment of such a cheque. The matter was even referred to the ombudsman, but there was no relief for the couple, who have also lodged a criminal complaint and moved the consumer forum for compensation.

 Article referred: http://timesofindia.indiatimes.com/city/pune/Cant-resolve-cheating-cases-in-summary-trial/articleshow/47400835.cms

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