Written statement to be denied on behalf of the bank in the above complaint [CD1]
BEFORE THE HON'BLE
DISTRICT CONSUMER FORUM, MEERUT
Consumer
Complaint No. 176 of 2010
XYZ
…………….Complainant
V
ABC Bank Ltd.
...........
…………….Opposite Party
Sir,
The above Opposite Party submits
reply as under:
(1) That the contents of
paragraph 1 to 5 of the complaint are admitted.
(2) That the
contents of paragraph 6 of the complaint are denied that the cheque No
…………….dated …………….for Rs. 25,000 drawn in favour of Shri …………….was not issued by the Complainant. It
is submitted that the said cheque was issued by the Complainant himself and the
cheque No …………….has been issued to the Complainant on alongwith 9 (nine) other
cheques. The Complainant used 9 cheques out of the said cheque book and got
another cheque book issued on …………….and the 10th cheque has been
issued now which is in dispute.
(3) That with reference to para
7 of the complaint, it is admitted that the Complainant approached the Branch
Manager of the Opposite Party and wanted to see the cheque, dated …………….for Rs.
25,000 and the Branch Manager shown the said cheque to the Complainant. Rest of
the allegations made in the said paragraph are denied.
(4) That the contents of para 8
of the complaint is admitted to the extent that the
Complainant sent notice,
dated …………….through his Advocate Shri
……………. It is denied that no reply was given to the said
notice. The said notice was replied to Shri
…………….Advocate vide Shri ..........................Advocate, Bank's
Advocate. The copy of the reply sent by Bank's Advocate Shri
…………….is enclosed herewith to
this reply and marked as Annexure 1.
(5)That the contents of para 9
of the complaint are denied. There is no deficiency on the part of the bank.
The specimen signatures of the complainant recorded with the bank were compared
with the signature on the cheque and the signature on the cheque No …………….dated …………….for Rs. 25,000 drawn in
favour of Shri …………….resembled with the signature kept on record. There is no
negligence on the part of the bank. It is also denied that the Complainant has
incurred a loss of Rs.25,000 due to deficiency in service by the bank.
(6)That with reference to para
10 of the complaint, it is denied that any cause of action has arisen to file
this complaint against the bank
(7)That the contents of para 11
of the complaint are denied. The complainant is not entitled to any
compensation from this opposite party. The claim is misconceived, frivolous,
vexatious and filed for ulterior motive. The claim made by the Complainant is
not maintainable and liable to be dismissed with costs.
(8)That the contents of para 12
of the complaint are strongly denied. It is denied that the complainant is
entitled to the loss and compensation from this opposite party. This Opposite
Party does not admit the claims made by the Complainant or any part of the
same. It is submitted that the claims of the Complainant are liable to be
dismissed with cost as being misconceived, frivolous, vexatious and filed for
ulterior motives.
(9)That with reference to para
13 of the complaint, it is denied that any cause of action has arisen to file
this complaint and this Forum has the jurisdiction to try this complaint
against this Opposite party.
(10)That with reference to para
14 of the complaint, it is denied that any cause of action has arisen to file
this complaint and therefore there is no question of filing this complaint
within the limitation period.
(11)That with reference to para
15 of the complaint, it is denied that the Complainant is entitled to the
reliefs as claimed or any other relief from this Forum. The complaint is liable
to be dismissed with costs.
It is therefore prayed that the
complaint be dismissed with costs.
For ABC Bank Ltd.,
Opposite Party
Place
Dated Authorized
Signatory
Through
................................
Advocate
I …………….s/o …………….Working as
Branch Manager, ABC Bank Ltd
…………….Branch ……………. And the principal officer and authorized attorney of
the Opposite Party Bank hereby state on solemn affirmation that the contents of
para 1 to …………….of this reply are true to my personal knowledge and belief and
on the basis of records which I believe to be true, the contents of para
…………….to …………….are based on
legal advice which I believe to be true and the contents of para …………….are my
submissions to this Hon'ble
Forum.
Verified on this …………….day of …………….2010 Signed at
…………….on this
…………….day of 2010.
Principal Officer
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