Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Cheque dated 13.09.2010 was presented in bank and intimation of dishonouring of cheque was received on 22.09.2010 - Notice of demand was issued on 04.11.2010 - Held, notice has been issued after lapse of 30 days from date of intimation received by opposite party - Furthermore,..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheques - Cheating & criminal conspiracy - FIR - Quashing of - No allegation in FIR that on date of transaction there was fraudulent intention on part of petitioners - No allegation that when cheques were issued, there was..........
Consumer Protection Act, 1986, Section 2(1)(e) -– FDRs - Maturity amount - No, payment of - Deposits were accepted with a promise to pay interest @ 14% p.a. - The normal rate of interest payable by the bank could be around 9 to 12% p.a. - The depositors were allured by the OP No. 1 on the promise to pay more interest - There are various proceedings going on between..........
Banking service -- Home loan - Sanction by respondent - Non - disbursement of loan - Findings by the State Commission that disbursement of the loan or not is the prerogative of the financial institution and it cannot interfered upheld - Since the petitioner has been unduly harassed, after sanction loan the same was not disbursed and petitioner forced to approach another..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Banking service - Illegal transfer of money - Compensation - Clearly proved by complainant that without joint authority of both partners, OP-Bank transferred amount from current account of M/s.'S' to the current account of M/s."P" thereby caused debit of Rs.6,20,000/- in the account of M/s.'S' - The unilateral..........
Banking service -- Bank loan - Non disbursement of loan which was sanctioned under Social Sector Scheme - Petitioner fulfilled the pre requisite by depositing margin money of Rs. 30,000/ - and spent some amount on the restructuring of his premises at the instance of the Bank to suit the requirement of a manufacturing unit - Respondent bank also received a sum of Rs.16,000/..........
Indian Penal Code, 1860, Section 499 -- Defamation - Communication made by the bank to the complainant to clear the outstanding balance amount in his credit account which he never had with the Bank - Communication not defamatory in nature as Mens Rea is missing - Future telephonic communication with complainant's wife by the Bank was made to save complainant from future..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Banking service - Fraudulent transfer of funds by Bank Manager from account of complainant to a stranger's account - For such fraud the Bank would be liable to reimburse the complainant/ consumer sufferer - OP Bank directed to refund the amount with interest @ 12% p.a. - For the harassment and torture suffered by..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Allegations of harassment in the FIR do not relate to dowry demand at all - Further, allegations of harassment are directed against `S' - Even read very liberally, FIR does not make out offence u/s 498A against petitioners - Pertaining to offence u/s 406..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Insurance policy - Revival of - Deficiency in service - Compensation - Held that there was unjustifiable delay in reviving the policy - The act of demanding encashment certificate of cheque from the complainant was nothing but an act of harassment to the complainant as it was the duty of the LIC to verify their..........
