WRITTEN STATEMENT TO BE'RILIED ON BEHALF OF THE BANK IN THE ABOVE COMPLAINT [CD1]
BEFORE THE HON'BLE DISTRICT
CONSUMER FORUM, MEERUT
Consumer
Complaint No. 112 of 2000
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 By
the hands of …………….
Dated Authorised
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 …2000 Signed at …………….on this …………….day of 2000.
Principal
Officer
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