STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                       APPEAL NO. 868 OF 2O15

            (Against judgment and order dated 25-02-2015 in Complaint

          Case No.63 of 2014 of the District Consumer Forum, Oraiya  )

Central Bank of India

Branch Mihouli

Pargana, Tehsil & District Oraiya

Through Branch Manager

                                                                                             ...Appellant

                                                           Vs.

  Ashok Kumar, S/o Devi Dayal

  R/o Village Bakarpur, Post Nigda

  Pargana and District Oraiya

                                                                                        ...Respondent

BEFORE:

HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT

HON’BLE MR. RAM CHARAN CHAUDHARY, MEMBER

HON’BLE MR. SANJAY KUMAR, MEMBER

For the Appellant                 :    Mr. Zafar Aziz, Advocate.

For the Respondent              :    Mr. Shiv Prakash Gupta, Advocate.                 

Dated :   07-10-2017

                                                  JUDGMENT

       MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT(ORAL)

This is an appeal filed under Section 15 of the Consumer Protection Act 1986 against judgment and order dated 25-02-2015 passed by the District Consumer Forum, Oraiya in Complaint No. 63 of 2O14 Ashok Kumar V/s Central Bank of India and another whereby the District Consumer Forum has allowed complaint and ordered opposite parties to pay Rs.71,000/- to complainant with interest at the rate of 7% per annum from the date of complaint till date of actual payment.

Feeling aggrieved with judgment and order passed by District Consumer Forum opposite party of the complaint has filed this appeal. 

Learned Counsel Mr. Zafar Aziz appeared for appellant.

Learned Counsel Mr. Shiv Prakash Gupta, appeared for respondents.

We have heard learned Counsel for the parties and perused impugned judgment and order as well as records.

In brief relevant facts for determination of appeal are that the respondent/complainant has filed above complaint before District Consumer Forum, Oraiya wherein it has been stated that he has a saving account in

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Mihouli branch of appellant bank. He came to know through news papers that embezzlement has been committed in Mihouli branch of the appellant bank. Thereafter he went to branch of the bank. On inspection of account he came to know that in his account Rs.7,891/- has been shown deposited in place of Rs.71,891/-. He made complaint with bank but could not get result. Consequently he filed complaint before District Consumer Forum. 

 Opposite parties have filed written statement before District Consumer Forum on behalf of appellant bank wherein it has been stated that the complaint has account in said branch of bank but he had filed complaint  with false allegation. He has no balance of Rs.64,000/- as alleged.

In written statement it has also been stated that Ganga Prasad Cashier of bank has made embezzlement. He is facing trial. Criminal case is also pending against him.

After having gone through pleadings of parties as well as evidence on record the District Consumer Forum has recorded finding that respondent/complainant has deposited Rs.71,891/- as alleged and deposit of Rs.7,891/- has been wrongly shown in his account of bank. The District Consumer Forum has ordered appellant bank to make payment of balance amount of Rs.64,000/-. 

Learned Counsel for the appellant has contended that the impugned judgment and order passed by District Consumer Forum is against law and evidence.

Learned Counsel for the respondent/complainant has contended that the impugned judgment and order passed by District Consumer Forum is in accordance with law and evidence.

We have considered the submissions made by learned Counsel for the parties.

After having gone through pleadings of parties as well as evidence on record we are of the view that finding recorded by District Consumer Forum cannot be said to be against evidence and law. As such the District Consumer Forum has rightly ordered appellant bank to make payment of Rs.64,000/-.

 The District Consumer Forum has awarded cost of Rs.2,000/- to complainant. Cost awarded by District Consumer Forum appears

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appropriate. Rs.5,000/- compensation awarded by District Consumer Forum to complainant for mental agony appears unjustified and is liable to be set aside in the circumstances of the case as the misappropriation is alleged to have been committed by an official of the bank and bank is ordered to make payment of the amount in question on the basis of vicarious liability.

In view of above appeal is allowed partially. Rs.5,000/- awarded by District Consumer Forum as compensation for mental agony to complainant is set aside and the impugned judgment and order passed by District Consumer Forum is modified. Appellant bank is directed to make payment of Rs.64,000/- to complainant with interest at the rate payable on deposits of account of complainant from the date of complaint till date of payment.

The appellant bank is further directed to pay Rs.2,000/- cost awarded by District Consumer Forum to complainant.

In this appeal parties shall bear their own costs.

Rs.25,000/- deposited by appellant under Section-15 of the Consumer Protection Act, 1986 in this appeal shall be remitted to District Consumer Forum alongwith interest accrued for disposal in accordance with this judgment.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                                                                    ( JUSTICE A H KHAN )

                                                                                     PRESIDENT

                                                                    ( R C CHAUDHARY )

                                                                                      MEMBER

                                                                      ( SANJAY KUMAR )

                                                                                      MEMBER

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