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BEFORE DISTRICT CONSUMER PROTECTION FORUM,

AGRA

COMPLAINT NO. OF 2018

Sri Arun Kumar Sharma Son of Late Sri Moti Lal Sharma

R/o- 4/449, Pandit Patiram Gali, Kachahari Ghat, Agra

************Complainant

Versus

1. Oriental Bank of Commerce


Branch Jaipur House, Lohamandi, Agra
Through Branch Manager
2. State Bank of India,
Branch Shahganj, Agra
Through Branch Manager
3. Bank of India
Branch Jeoni Mandi, Agra
Through Branch Manager
************Opposite Parties

Sir
The complainant respectfully submits as under-----

1. That the complainant is the saving bank account holder lie in the bank of the opposite party
No.1 bearing account No. 04832194099.

2. That the complainant also took a housing loan from the bank bearing account No. and its
repayment is being done by the complainant through monthly installment Rs. 5000/- each.

3. That the complainant also has a bank account No. 10126669836 in the bank of opposite party
No.2, which is the salary account of the complainant.

4. That on 18.02.2018 the complainant approached in Oriental Bank of Commerce, Jaipur House,
Lohamandi, Agra [opp. Party no.1] alongwith a cheque No. 119901 dated 18.02.2018 for Rs.
1,00,000/- drawn at S.B.I. Branch Shahganj, Agra [opp. Party No.2] in favour of the complainant
[self] and filled up its deposit slip and also written his name and account number on the bank of
the said cheque and dropped the same in the Cheque Collecting Box of the opposite party No.1.

5. That after 4 days the complainant approached at the bank of the opposite party No. 1 and made
enquiry about the deposit amount of the said cheque in his bank account then it was disclosed
that the amount of the said dropped cheque has not been credited in his account lying in the
opposite party No. 1 from the bank of the opposite party No. 2.

6. That the complainant , thereafter, rushed at the bank of the opposite party No.2, wherefrom
the said amount was to be transferred in the bank of the opposite party No.1 and on making
enquiry about the status of the said cheque it was disclosed by the officials of the opposite party
No.2 that the cheque in question has already been cleared from the bank of the opposite party
No.3 on 21.02.2018 in favour of any fictitious person.

7. That hearing the said words, the complainant deeply shocked and got in deep surprise that how
the said cheque can be cleared in favour of any fictitious person?

8. That due to illegally encashment the said cheque inquestion, the loss of Rs. 1,00,000/- was
caused due to the complainat and all the opposite parties are negligent and there is a lot of
deficiency in service on the part of the opposite parties.

9. That the said cheque, which was dropped in the Cheque Collecting Box of the opposite party
No.1 from where the said cheque has been disappeared/misplaced from the custody of the
opposite party No.1 due to their negligence and thereafter the said cheque has been presented
before the opposite party No.3 for payment but the opposite party No.3 also failed to verify to
look after the proper details of the said Cheque because the name and account number was
mentioned on the back of the said cheque and thereafter the payment of the said cheque was
released by the opposite party No.3 negligently without verifying the details ignoring the name
and account number of the complainant which was mentioned at the back of the said cheque.

10. That the complainant immediately lodged his complaints to the opposite parties regarding
illegal payment of the cheque in question and also complained the said matter to the local
police but the opposite parties failed to take effective steps, therefore the complainant has left
with no other option accept to file this complaint.

11. That the cause of action to the complainant arose on 18.02.2018 within the jurisdiction of
this Hon’ble Forum and the Hon’ble Forum has jurisdiction to try and entertain the complaint.
PRAYER

The complainant, therefore prayed that the Hon’ble Court may be pleased----------

1. To direct the opposite parties either jointly or severally to pay the amount of the Cheque in
question Rs. 1,00,000/- [One Lakh] to the complainant alongwith interest @ 24% p.a.

2. To award compensation Rs. 50,000/- to complainant against the opposite parties due to illegal
harassment and mental agony caused by the opposite parties to the complainant.

3. To award the cost of this complaint to the complainant.

4. Any other relief, which Hon’ble Forum deems proper, may be pleased to award to the
complainant.

Verification

Verified that the contents of the para No.1 to 10 of complaintare true and correct to my personal
knowledge and the para No. 11 of complainant is based on legal advice. No part of it is false and nothing
material has been concealed therein.

Verified and signed at Civil Courts, Agra on

Complainant

Through

Date- Counsel

BHALENDU PANDEY

ADVOCATE