- (1.) This appeal, by special leave is directed against order dated 16th July, 2002, passed by the National Consumer Disputes Redressal Commission, New Delhi (for short, "the National Commission") declining to entertain the appellant's revision petition under Section 21(b) of the Consumer Protection Act, 1986 (for short, "the Act").
(2.) The material facts, found by the forums below and relevant for the purpose of this appeal, are as follows: The respondent. (hereinafter referred to as "the complainant") had a savings bank account with the appellant bank. Somehow he lost his cheque book containing one unused leaf and the requisition slip required for issue of a new cheque book. On 24th September, 1999, when the complainant visited the bank to draw money, he was surprised to find that there was only a balance of Rs. 1682.93 in his account. On enquiries being made, it transpired that the requisition slip had been used to get a new cheque book issued from the bank and the left over cheque in the lost cheque book had been misused to draw an amount of Rs. 2,500/- from complainant's account. It was also discovered that an amount of Rs. 3,50,000/- had been withdrawn from the account by using a cheque leaf of the newly issued cheque book.
(3.) Having failed to get the amount so withdrawn from his account reimbursed by the bank, the complainant filed a complaint with the District Consumer Disputes Redressal Forum, U.T. Chandigarh, (for short, "the District Forum") alleging deficiency in service by the Bank. Upon consideration of the material before it, which included examination of complainant's account opening form; the requisition slip; and the cheque in question, vide order dated 4th December, 2001, the District Forum came to the conclusion that there was gross deficiency in the service by the bank which resulted in loss to the complainant. The District Forum found that specimen signatures on the account opening form and the cheque used for withdrawal of money were different and more significantly when cheque in the sum of Rs. 3,50,000/- was presented, balance in the account of the complainant was only 3,46,682.93/- and yet it was honoured by recording a debit entry of Rs. 3,317.07/- as recoverable from the complainant. Consequently, the District Forum accepted the complaint and directed the bank to credit the amounts of Rs. 2,500/- and Rs. 3,50,000/- less Rs. 5,000/- in the account of the complainant along with interest @ 10 per cent per annum w.e.f. 17th August, 1999 till the date of the correct entry.;