Amandeep Kaur Vs. Bank of India   

30.9.2011: Present: Sh.B.S.Sandha, adv. counsel for the complainants.

                             Today, the complainant has produced the copy of Saving Bank Account No.655310110000894 maintained in her favour with Bank of India Branch Dashmesh Nagar, Patiala. Heard. It is the case of the complainant that she had purchased FDR No.8125225 dated 26.7.2008 for Rs.50,000/- and another FDR No.8125227 on 27.2.2008 in her name as also in favour of her minor daughter Simranjeet Kaur i.e. complainant no.2.

2.       On maturity of the two FDRs the complainants had approached op for the encashment of the FDRs and the op disclosed that the FDRs had already been encashed and amount there of alongwith interest had been transferred in accountNo.655310110000894.

3.       On 18.4.2011, the complainant had visited the office of op no.1 for the withdrawal of Rs.one lac in her said account but she was told that no such amount was outstanding and that already an amount of Rs.one lac had been withdrawn on 30.8.2010.

4.       It is averred that the complainant had never withdrawn the aforesaid amount from her aforesaid account and that due to the negligence on the part of the ops some body else had withdrawn the amount having forged the signatures of the complainant Amandeep Kaur.  Accordingly the complainant has brought this complaint under Section 12 of the Consumer Protection Act,1986( for short the Act) for a direction to the op to pay the complainant the amount of Rs.one lac, withdrawn illegally from her account and she be also compensated for the harassment and the mental agony experienced by her at the hands of the ops.

5.       A perusal of the pass book, the photo copy of which has been placed on file would go to show that the complainant had withdrawn a sum of Rs.one lac in cash on 30.8.2010 and thereafter a number of transactions with regard to the deposit and withdrawal from the account had taken place and at no point of time the complainant bothered to challenge entry regarding the withdrawal of Rs.one lac. The complainant made 17 deposits of different amounts after 30/8 up to 28.7.2011 and made 34 withdrawals upto 3.8.2011.Therefore, there does not appear any deficiency of service on the part of the ops as she was being supplied with the entries regarding the deposits and withdrawal  being made in the pass book. Now in case the complainant feels that she had been defrauded by the op, she should file a complaint against the op or  a suit for rendition of account.

6.       When it is positively alleged by the complainant that somebody else had withdrawn the amount from her account having forged her signatures, it can not be said to be an act of deficiency of service on the part of the op. We, therefore, do not find any basis for taking cognizance of the complaint under Section 12 of the Consumer Protection Act and the same is rejected accordingly.

          File be consigned to the record room.

                                      Member      Member      President