PRE-TRAIL PREPARATION PROBLEM FOR

5 YRS BBA LL.B COURSE

PROBLEM- 1: FACTS OF THE CASE

The Kiran is running a business under the name and style as ‘Nuts & Bolts Business Machines’
at Mangalore. He has earned a very good name and reputation in the society. Cooperation is the
Bank head office in the State, having its branch office at Mangalore in which the Kiran is
maintaining a bank account on his name. Kiran the proprietor is earning his livelihood by
running the business. He and his family members are wholly dependent for their livelihood on
the business being run on the name of ‘Nuts & Bolts Business Machines’. Kiran had maintained
a bank account bearing No.12340300001234 with the Cooperation Bank for the last 10 Years.
Kiran being a customer and Cooperation bank being a banker had maintained a very healthy in
their financial relationship without any complaints from either side.
During the month of January 2021, Kiran noticed that from his bank account, certain amounts
were withdrawn through cheques without his knowledge. Upon enquiry and verification, it was
noticed that an amount of Rs.9,71,750=00 (Nine Lakhs Seventy-One Thousand Seven Hundred
and Fifty only) was withdrawn through 45 cheques belonging to the Kiran from the period
11/02/2020 to 27/12/2020.The cheques contained forged signatures of Kiran. Later, upon
enquiry, Kiran found that the said forgery was committed by one of the employees Mr. Vishwas
of Cooperation bank.
On 03/01/2021, Kiran addressed a letter to Bank asking for the copies of 45 Cheques bearing
different numbers from the period 11/02/2020 to 27/12/2020 which has cleared by the bank
from the Kiran ’s account as per the bank statements for the account bearing
No.109300300001362. The request had been made by Kiran in order to lodge a police
complainant for the fraud. Kiran addressed one more letter to the Bank to reverse and credit a
sum of Rs.9,71,750=00 to his account and further stated in its letter that the cheques which were
honored by the Bank contained forged signatures. Kiran also stated in his letter that the said
cheques were never signed by him. Without proper verification of the signature on the cheques,
the officials and staff of Cooperation Bank had honored the said cheques for almost a period of
1 year for an amount of Rs.9,71,750=00.

In view of the letter dated 02/02/2021 addressed bank that the bank failed to reply him
regarding reversal of credit to his account. Instead of reversing the credit of Rs.9,71,750=00 to
the Kiran ’s account, the Bank addressed a letter dated 25/03/2021 to Kiran stating that they had
forwarded the complaint to the authorities concerned for their verification and necessary action
which was within banking norms. There was no reference in the said letter as regards to
forwarding of cheques. The said letter was just an eye wash to the complainant without taking
any proper action with respect to reversing of the credit to the complainant’s account. When the
bank failed to reply and show any interest in resolving the dispute with respect to reversing of
credit to Kiran’s account, the complainant with utmost dissatisfaction in rendering customer
service, addressed one more letter on 15/04/2021 to Cooperation Bank expressing its
dissatisfaction & seeking immediate reversal of the credit to its account and further stated that in
case of non-action, it will be forced to take the issue to Banking Ombudsmen.
When the bank failed to resolve the dispute, the Kiran lodged an online complaint on
12/06/2021 to the customer grievance cell of the Bank, narrating the facts with respect to
honoring the forged cheques belonging to Kiran ’s account by the Cooperation Bank without
proper verification. Thereafter, several reminders were sent through e-mail to the bank to
resolve the dispute by way of reversing the amount to the complainant’s account. There were
several communications between Kiran and the bank with respect to the above issue but the
banks never showed any interest and never took any action in resolving the dispute and
postponed the issue on the pretext or the other. Kiran was awaiting the response of the bank
with respect to issue involved relating to the 45 cheques containing the forged signatures of the
proprietor. Whenever the Kiran had sought for information in this regard, the bank had been
informing that they had sent the cheques to their forensic department for verification of the
signatures and that they were awaiting for the report from the Forensic Department.
Apart from that, Kiran has had to incur additional expenses in running around pillar to post to
secure the information with respect to forged signatures contained in the 45 cheques. Kiran has
suffered a loss financially and also felt mentally harassed.
Further Vishwas have put the complaint against Kiran for severe mental agony of having
approached them, time and again without there being proper verification, wasting precious time
and money and for which, Kiran has to be reasonably compensated.
 PROBLEM NO.2: FACTS OF THE CASE

Sri. Ravi is a journalist. In his TV show he had made remarks against Sri.
Sreedhar, Member of Legislative Assembly, calling him “The most corrupt
Politician”. Sri. Sreedhar has issued a notice to Sri. Ravi to pay a compensation of
Rs.10 Crore and also intends to file a complaint against Sri. Ravi.