Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Banking service - Privity of contract - Transaction was for the exchange of documents by the Bank with OP3 buyer for certain commission - It amounts to a consideration for service to be rendered by the Bank to the supplier complainant - It has rightly been held that the complainant availed of or hired the service..........
Banking service -- Cheque loss - There is no evidence as to the encashment of the cheque by some unauthorised person - Order directing the appellant bank to credit the amount of cheque held unjustified and uncalled for - Respondent No. 1 was entitled to get another cheque from respondent No. 2 by getting the certificate from the appellant bank or from the bank on which it..........
Banking law -- Non-payment of loan amount - One time settlement (OTS) scheme - Cancellation of - Challenge as to - Deposition of amount of OTS after expiry date upon assurance by Corporation that period of delay will be regularized - Respondent/Corporation cancelled OTS of petitioner for delay in payment without informing petitioner - Since entire OTS amount deposited by..........
Banking service -- ATM card - Withdrawal of amount of Rs. 25,000/ - denied by the appellant - complainant - The record of the Bank positively indicated that an amount of Rs. 25,000/ - had been withdrawn by using ATM card of the appellant - The appellant has not led any evidence that he has not withdrawn the amount or ATM system was not in operation - Order of the District..........
Banking service -- FDR - Non payment of maturity amount - On the ground that appellant - complainant stood guarantor to one 'T.K.' against her loan amount which has become NPA - There is no evidence that the appellant had stood as guarantor/surety of 'T.K' against the said loan had executed the guarantee deed or surety bond in favour of the bank - Respondents directed to..........
Banking service -- Coffers Card Scheme - Mini Bank had not opted to become a member of the Scheme which could have fastened a liability on the Bank - There was no justification in fastening any liability on the Bank...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Banking service - Demand draft - Beneficiary - The person who has paid the money and taken the demand draft is the person who has hired the service for consideration - The definition of 'consumer' also includes 'any beneficiary of such services' - The payee is a person who has availed the services with the..........
Banking service -- Fixed deposits - Interest rate - Error in showing in FDR @ 12% whereas it should have been shown as 11% p.a. - No material that interest rate prevalent and applicable was 12% instead of 11% - No material that mistake on the part of employee of bank was not genuine - Complainant not entitled to any relief...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Banking service - Locker hiring - Sister of the complainant entered into contract of hiring locker for the benefit of complainant, who was minor, and his mother - It has been established by the complainant that gold ornaments belonged to mother of the complainant and not to his sister - Mother of the complainant informed..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Banking service - Cheque - Loss of - Compensation - Held that for recovery of amount of cheque a complaint would not lie under the CP Act - It is only on ground of deficiency in service, a bank can be ordered to pay compensation, but not the entire amount of the cheque...........
