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case law for consumer forum.

(Querist) 16 January 2010 This query is : Resolved 
dear sir,
I had a bearer cheque of ICICI bank,issued by my father.ICICI bank refused to pay my cheque that too after complete verification of my identity and also verifying the issuer telephonically.The bank alleged that the signature in the cheque is mis-matched.every occation the bank used to say the same thing related to the bearer cheque.on very next day my dad issued another cheque,which is A/C payee and the same is cleared without any cross verification.I had the original cheque in which the bank endorsed signature mis match and also i had the true copy of A/c.payee cheque,which was already cleared.the signature in both is one and the same.where as my dad also had account in public sector bank and the matter of signature mis-match never raised by this govt.bank.Can i had a better ground to file a case in consumer forum for compensation.
R.R. KRISHNAA (Expert) 16 January 2010
Signature verification is must for banks. ICICI is performing their duty only. Mismatch is a good ground for the banks to refuse to pay the cheque. It will be difficult for you to prove and argue the case of signature mismatch etc etc before the consumer forum.
sanuj klshreshtha (Expert) 17 January 2010
, well, that sure is a case of "deficiency of service' - however the question of verification of signature can not be looked in to by the consumer forum; in order to have a remedy u find out the forensic /handwriting expert opinion about your bearer cheque and AC payee cheque, and if report /opinion supports you, move ahead and save your right as a consumer.


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