Legal Question in Consumer Law in India

Hello Sir/Ma'am

Here is my confusion that A has given A/C payee cheque of SBPco.operative bank of Valsad for Rs.25,000=00 to B for purchase of plywood from his shop. Now B has deposited the same cheque with Union Bank of India. The said bank has sent the cheque for clearence at Vapi branch of SBP Co.Op bank. The cheque was dishonoured on the ground of insufficient balance at vapi branch. The bank should hv sent the cheque for clearence at Valsad instead of Vapi.But mr. A has filed the consumer complaint against the Union Bank of India. My question is whether Mr. A can file a complaint against Union Bank of india as a consumer?Mr .A is consumer


Asked on 8/05/09, 10:47 am

4 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the bank is same and the cheque was sent to some other branch even then there is no illegality as most of the banks are inter connected nowadays. no consumer complaint is made out.

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Answered on 8/05/09, 11:38 am
Vishwa Arya Arya & Co.

you are a consumer of SBP Coop Bank and not of Union Bank. But as stated by Mr Rajiv Gupta, there is no deficiency if the bank is computerised and the cheque could have been encashed at par with any branch. But if your cheque specifically stated for presentation with Valsad branch, then surely it is deficiency in service. Did you have balance at Valsad branch?

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Answered on 8/05/09, 11:53 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

In my opinion the complaint is maintainable in law.

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Answered on 8/05/09, 6:02 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

IN MY OPINION IF THERE IS NO NEGLIGENCE OF THE BANK, INSTEAD OF FILING CONSUMER CASE AGAINST BANK FILE A CHQ DISHONOUR CASE AGAINST THE PARTY

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Answered on 8/06/09, 9:20 am


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