Haryana

StateCommission

A/679/2018

PUNJAB NATIONAL BANK - Complainant(s)

Versus

ATTAR SINGH - Opp.Party(s)

VIRENDER SOOD

27 Sep 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

                                                First Appeal No.           :         679 of 2018

                                                Date of Institution        :         23.05.2018

                                                Date of Decision                   :         27.09.2018

 

Punjab National Bank, Branch Baroda, Tehsil Gohana, Distt. Sonepat (Haryana).

 

          …… Appellant.

 

Versus

 

Sh. Attar Singh S/o Sh. Daryao Singh, resident of Village Baroda Mor, Tehsil Gohana, Distt. Sonepat (Haryana).

 

……. Respondent.

 

CORAM:             Shri Diwan Singh Chauhan, Presiding Member.

 

Present:              Mr. Virender Sood, counsel for the appellant.

                             Mr. Parvesh Mor, counsel for respondent.

                            

O R D E R

 

DIWAN SINGH CHAUHAN, PRESIDING MEMBER

 

                             The present appeal has been decided by me in view of the order passed by Hon’ble President of the State Commission conveyed to me vide Endst. No. 195 dated 25.01.2018 whereby I have been authorized to decide the cases singly in Additional Bench-II.

                             This appeal has been preferred against the order dated 19.04.2018 passed by the District Consumer Forum, Sonepat (for short ‘District Forum’) whereby complaint filed by complainant against the OPs was allowed and following directions were given to the Opposite parties:-                         

“Accordingly, we hereby direct the respondents to credit the total amount of Rs.20,000/- in the account of the complainant within a period of 45 days from the date of passing of this order, failing which the above said amount shall fetch interest at the rate of 09% per annum from the date of passing of this order till its credit in the account of the complainant.

With these observations, findings and directions, the present complaint stands allowed.”  

                             The brief facts of the case are that the complainant is having saving bank account No. 1229000100072750 with OP No. 1. On 2/2017 he visited the OP No.1 for withdrawal of some amount from his saving account and completed his passbook. He was surprised to see that on 25.01.2017 and 27.01.2017 an amount of Rs.10,000/- each was withdrawn from his account, whereas he has not withdrawn any such amount. On enquiry it was disclosed that the said amount was withdrawn after filing the withdrawal form having thumb impressions, whereas the complainant has not visited the premises of the OP No.1 nor he has put up his thumb impression for withdrawal of the amount. He reported the matter to the police and higher authorities of the bank, but of no use.

                             Upon notice OPs filed written statement and contented that the complainant has put his thumb impression upon the withdrawal form dated 25.01.2017 and 27.01.2017 on the front and back side and now he has no right to say that he has never went to the bank for withdrawal of Rs.10,000/- each on 25.01.2017 and 27.01.2017. No such fraud and misappropriation was committed by the them and prayed for dismissal of the complaint.

                             Both the parties led evidence in support of their respective claims.

                             On appraisal of the pleadings of the parties and evidence adduced on record, the District Forum accepted the complaint and granted relief as noticed in the opening para of this order.

                             Aggrieved with the impugned order, appellant-OP has come up in appeal.  Hence this appeal.

                             I have heard the learned counsel for both the parties and perused the case file thoroughly.

                             The counsel for the OP/appellant contended that the order passed by the District Forum is patently wrong and legally unsustainable and not appreciated the fact that the account No. 1229000100072750 & 0172750 are one and the same account . The only difference is that account No. 1229000100072750 is full account number whereas 0172750 is abbreviated one and both represent the same account. and prayed that appeal may be allowed and complaint filed by complainant may be dismissed.

                             On the other hand, the respondent/complainant contended that complainant has not withdrawn such an amount of Rs.10,000/- each on 25.01.2017 and on 27.01.2017 and he has not visited the premises of the appellant nor he has put his thumb impression for withdrawal of the amount on the said dates. The District Consumer Forum rightly allowed the complaint and prayed for dismissal of the appeal of the appellant.

                             I have considered the respective submission of the parties and have gone through the facts and circumstance of the case evidence adduced on record by both the parties. The last 7 digits mentioned on the withdrawal form are different meaning thereby, there is some mistake occurred on the part of the officials of the appellant bank.  During the arguments the counsel for the appellant stated that the amount awarded by the District Forum has already paid to the complainant.

In this view of the matter I am of the considered view that the District Forum has taken the correct view by allowing the complaint and needs no interference. Hence the appeal filed by the appellant is hereby dismissed.

The statutory amount of Rs.10,000/- deposited at the time of filing the appeal be refunded to the Appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced                                                                                 Diwan Singh Chauhan,

27.09.2018                                                                                       Presiding Member

                                                                                                    Addl. Bench-IInd