- (1.) The complainant/ appellant, having filed a case to recover a sum of RS.8,54,300/-, representing 16 cheques amount, as well for the recovery of a sum of Rs.10 lakhs, as compensation, failed, and the result is this appeal.
(2.) The complainant/ appellant is holding a SB account, with the opposite party bank, bearing No.10869263571, with cheque facility. Till the month of 2008, the bank was reasonably good, in the transaction, including maintaining the confidentiality. Thereafter, they have committed negligent act, as well as deficiency in service, in honouring 16 cheques (as described in paragraph 11 of the complaint), totaling a sum of RS.854300/-, utilizing the ex-driver of the complainant viz. R. Kadirvelu, who had stolen blank cheque leaves of the complainant, filled the same, withdrawn the money, and misappropriated, for which the opposite party was also aiding, since they have not properly verified the signature affixed in the cheque leaves, and failing to note they were forged signatures. The misappropriation and the withdrawal of the amount, came to the knowledge of the complainant, when he attempted to issue a cheque for Rs.11 lakhs, on 28.1.2009, since he has not previously verified the account, including the withdrawal, because of his frequent tours elsewhere. For the fraud, forgery committed by the driver, a criminal case was also given, and the same is pending. The opposite party, by their negligent act, passed the forged cheques, thereby caused not only mental agony to the extreme, to the complainant, but also causing illegal withdrawal, which should be compensated by the opposite party. Hence the complaint.
(3.) The opposite party bank, admitting that the complainant is an account holder of their bank, resisted the case, interalia contending, that only upon the cheques issued by the complainant, in favour of his staffs, as well as personal cheques, money was withdrawn/paid then and there, and at that time the opposite party had taken care, to verify the signature, satisfying the genuineness of the signature in the cheque leaves, honoured the cheques, which cannot be termed as negligent act, that it is an unadulterated truth that the bank had utilized the service of the complainant?s driver, to withdraw the amount, thereby misappropriated that the complainant on the basis of the imaginary, unfounded grounds, has filed this vexatious claim, which is liable to be dismissed, with cost.;