M.THANIKACHALAM, J. - (1.) The complainant having failed in her attempt before the District Forum to get any relief, has come before this Commission as appellant, for redressal.
(2.) The complainant/appellant was maintaining a savings bank account with the opposite party, for the past 25 years, having cheque facilities also. The complainant, requested the opposite party, a duplicate Passbook/fresh Passbook and cheque book, since she had lost both on 16.8.2007. On verification of the entries in the passbook, the complainant came to know, that two cheques bearing Nos.472694 and 472695 were encashed, as self-cheque, forging the signature of the complainant, which was reported to the opposite party, since they have committed negligent act, as well as deficiency in service, in not properly verifying the cheque, including spelling. Therefore, they are bound to pay the said sum of Rs.21,000/- as well as a further sum of Rs.2 lakhs as compensation since by their conduct, they have caused mental agony. Hence, the claim.
(3.) The opposite party, admitting the account maintained by the complainant, as well as admitting the intimation sent by her dated 16.08.2007 regarding the missing of the passbook, as well as cheque book, opposed the complaint, contending that even before this information, two cheques were encashed, totaling a sum of Rs.21,000/- on two dates, that the cheques were honoured bonafidely, believing that the cheques were issued by the complainant, in which, there cannot be any negligent act, on the part of the opposite party, that in view of the allegations that the cheques were forged, amount encashed, it requires elaborate detailed enquires, which can be done only by the Civil Court, and in this view, the Consumer Forum may not have jurisdiction, thereby praying for the dismissal of the complaint.;