Consumer court slaps fine on three banks for torn cheque

Complainant, Maria Antony, of Thoothukudi, in his petition, stated that he was issued a cheque with the denomination of Rs 5 lakhs, drawn from Lakshmi Vilas Bank, by Vijayalakshmi, of Kallakurichi in Villupuram district, dated May 29, 2012. After receiving the cheque he had deposited it at the Tamilnad Mercantile Bank (TMB) at Mullakadu in Thoothukudi.

On June 27, 2012, the cheque was returned. When he inquired with the TMB, he was informed that a portion of the cheque which contained the name of the person who had issued it, was torn. The branch manager also said that when the cheque was handed over to the collection centre of SBI, it was returned, due to torn condition.

He had requested TMB to issue an acknowledgment letter and the same dated June 27, 2012, was issued. He had filed a case, based on the letter, against Vijayalakshmi.

However, the court had rejected the petition stating that the name of the person who issued the cheque could not be found. Because of the torn cheque criminal action could not be initiated on Vijayalakshmi and so all the three banks should be held responsible for his loss of Rs 5 lakh. In the argument, counsels representing the banks had blamed other banks for the cheque getting torn and distanced themselves from the controversy. However, R Narayanasamy, president of District consumer disputes redressal forum, and A Shankar, member, slapped a fine of Rs 13,000 for deficiency in service by the banks and directed them to pay Rs 5 lakh to the complainant.