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By : a.manoharan
On : 28 February 2011

consumer case

Dear friends, the customer presented his retirement-benefit-cheque into Nationalized Bank whereat he and his institution also  have the accounts. Hence, As the same bank  is a computorized branch , immediately his cheque was honoured and the same was accounted into his account. on the same day , within minutes, the same customer's another cheque issued to his friend was presented and the same was also honoured and transferred into  his friend's account . Subsequently , the customer presented his cheque for withdrawal , there is no sufficient balance in his account due to  his friend's collection of customer's cheque. now ,the question is ' is it lack of deficiency of service'. Any land mark judgement? thanks in advance.  

 

By : Preeya Pnm
On : 27 September 2012

Re: Consumer Protection Act

This case can fall under Consumer Protection Act 1986. Actually negligence has not been defined under the CPA, but Sec 14 of the Act empowers the forum/commission to award compensation to the complainant. In this case clearly the opposite party owed a duty of care and that opposite party failed to exercise the said duty of care against the complainant and therefore the consumer/ complainanat has sufferd loss

Also the incidence speaks for itself (RES IPSA LOQUITOR)  a case that comes to mind in this case "geeta jethani & others Vs Airports Authority of India & others  decided by the National Commission of 5.8.2004. Although it is cont the same incident but a professional negligence which is done by the bank in this case and the customer should be compensated for such a mistake.

 

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