DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. 237 OF 2011
DATE OF FILING: 03/11/2011 DATE OF PASSING JUDGEMENT: 25/03/2019
Present : President : Ananta Kumar Kapri
Member : Jhunu Prasad
COMPLAINANT : Sri Amitabha Brahmachari, Son of Late Sabodh Kumar Brahmachari, residing at Premises being no. 9 / 10, Bhattacharjee Para Road, 4th Floor, Kolkata – 700 063, Police Station – Thakurpukur.
And previously residing at premises no. 128, Dimond Harbour Road, Green View Building, Barisha, Kolkata – 700 008, Police Station – Thakurpukur, District – South 24 Parganas.
O.P/O.Ps : 1 : The Branch Manager, State Bank of India, Sakher Bazar Branch, 45, Diamond Harbour Road, Kolkata – 700 008, Police Station – Thakurpukur, District – South 24 Parganas.
2 : The Chief Manager, State Bank of India, Behala Branch, Behala, 1168/1, Diamond Harbour Road, Kolkata – 700 034, Police Station – Parnashree (previously Behala Police Station).
JUDGMENT
Sri Ananta Kumar Kapri, President
One day, i.e., on 27.07.2010, the original Complainant namely Amitabha Brahmachari, since deceased, wanted to update his passbook bearing S/B account no. 10292522042 maintained with the aforesaid bank and having updated it, he came to know to his utter surprise that a sum of Rs. 70,000/- has been withdrawn by someone from his account by cheque bearing no. 610365 dated 30.06.2010. He also came to know on enquiry that the said cheque had been shown to have been encashed by ‘Self’. He demanded that the said amount of Rs. 70,000/- be credited to his account, as he did never withdraw such amount from his account and that he did never issue any cheque for the said amount. The bank authorities i.e OP no. 1 & 2 failed to give any satisfactory answers to his query and therefore the complainant has filed the instant case under section 12, C.P ACT, 1986, praying for credit of Rs. 70,000/- to his account and also for other reliefs.
By filing written statement, the O.Ps have contended that the Complainant is old customer of them and that he maintains a savings bank account with the bank. According to them, the cheque being no. 610365 dated 30.06.2010 was issued by the said Complainant and the bank gave clearance to that cheque, after having verified the signatures of the said Complainant on the cheque with his specimen signature, kept in the bank. There is no deficiency in services on their part and therefore the case should be dismissed in limini with cost. .
Upon the pleadings of the parties following points are formulated for consideration.
POINTS OF DETERMINATION
- Are the O.Ps guilty of deficiency in service for not crediting the amount withdrawn from the account of the Complainant?
- Is the complainant entitled to get relief or reliefs as prayed for?
EVIDENCE OF THE PARTIES
Evidence on affidavit is led by the Complainant and the same is kept in record after consideration. No evidence whatsoever has been filed on behalf of the O.P.
DECISION WITH REASONS
Point no. 1 & 2
In the instant case, the allegation of the Complainant is that a sum of Rs. 70,000/- has been withdrawn by someone from his S/B account no. 10292522042 maintained with the O.P-1 bank by issuing a cheque bearing no. 610365 dated 30.06.2010. His further allegation is that the said bank approved the clearance of the cheque without making proper verification and thereby the O.P bank committed negligence and therefore they have become guilty of deficiency in services. The O.P has filed the written statement wherein it is stated by them that the clearance of the cheque was accorded having made proper verification of the signature of the Complainant on the cheque with the specimen signature of him kept in the bank. So, according to them, it is the original complainant who withdrew the money from the account and having withdrawn the money, he has filed the case which is a frivolous and vexatious one.
The contention of the O.Ps appears to be no longer tenable in law. Gross negligence on the part of O.P bank stands established on the face of the record. This forum sent the disputed cheque bearing no. 610365 and also one identity card of Indian Airlines containing the standard signature of Amitabha Brahmachari and also one passport republic of India no. E2669011 also containing standard signature of Amitabha Brahmachari that is the Complainant to the expert of questioned documents, QDEB, CID, West Bengal, requesting him to compare the disputed signature of the disputed cheque and also the admitted signatures of the Complainant as referred to above and to report this forum whether those signatures are executed by the same and same person. He has filed the report and the same is kept in record. The opinion of the expert goes thus:
“From the differences in the significant writing characteristics as enumerated above, I am of the opinion that the questioned signatures marked as Q1 to Q4 are not executed by the writer of the standard signatures marked as A1 and A2.”
So it is found that the expert opinion has put an end to the dispute of the case. By the expert opinion, it stands undoubtedly established that the cheque by which a sum of Rs. 70,000/- has been withdrawn from the account of the original complainant was never issued and never signed by the original complainant and it has also been found that a mischievous person withdrew the said money by forging the signature of the original complainant on the said disputed cheque. The OPs did not apply due care and attention while according clearance to the said cheque. This is nothing but gross negligence on the part of the O.P banks and therefore the O.P banks are held guilty of deficiency in service. The Complainant is entitled to relief or reliefs as prayed for.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is decreed on contest against the O.Ps with a cost of Rs. 10,000/-.
The O.P no 1 and 2 are directed to credit a sum of Rs. 70,000/- to the original Complainant’s saving bank S/B account no. 10292522042 or to the S/B account no. of the present complainant with simple interest @ 6% p.a from the date of withdrawal, i.e. 30.06.2010 till full realization thereof. They are also to pay Rs. 50,000/- as compensation out of which Complainant will get Rs. 30,000/- and the remaining amount, i.e. Rs. 20,000/- will go to legal Aid account of this forum for causing unnecessary harassment or mental agony to the Complainant, within a month of this order failing which the compensation amount, the cost amount will bear interest at the rate of 10% per annum till full realization.
Let a copy of this order be supplied or sent free of cost at once to the parties concerned.
I/We agree President
Member
Dictated and corrected by me
President
