Service of the experts will have to be requisitioned for proof of the signatures and the writings wherein the figures in cheques have been altered.
As many as 72 cheques were issued on such dates when one of the two persons purportedly drawing the cheques ws already dead.
Suspicion was raised against an official of the respondent Bank.
Photocopies of such cheques were filed with the companyplaint.
2003 Supp 3 SCR 139 The Judgment of the Court was delivered by C. LAHOTI, J. The appellant, who was maintaining a Savings Bank Account with the respondent Bank filed a companyplaint alleging deficiency of service by the respondent, submitting that the Bank had wrongly debited an amount of Rs.
Numerous documents would be required to be proved including about 150 cheques.
In Bharthi Knitting Co. v. DHL Worldwide, 1996 4 SCC 704, Supreme Court has said, Each case depends upon its own facts.
The companyplaint was filed after serving numberice on the respondent Bank, which was number companyplied with.
In an appropriate case where there is an acute dispute of facts necessarily a Tribunal has to refer the parties to original civil suit established under CPC or appropriate State law to have the claims dealt with between the parties.
Under the Consumer Protection Act, 1986, this Commission is expected to decide the matter within a set frame of time.
The National Consumer Distputes Redressal Commission, New Delhi hareinafter, NCDRC, for short , formed an opinion as under companysidering the allegations in the companyaplaint and the time that will require to decide the matter, it cannot be perhaps possible for this Commission to take up this matter.
The other one denied his signatures and such disputed signatures did number at all tally with the standard specimen signatures.
75,70,352 in the account of the companyplainant by honouring such cheques as bore forged signatures of the companyplainant and in some of the cheques the figures had been altered.
