STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 369 OF 2O15
(Against judgment and order dated 05-12-2014 in Complaint
Case No.206 of 2013 of the District Consumer Forum, Oraiya )
Central Bank of India
Branch Mihouli
Pargana, Tehsil & District Oraiya
Through Branch Manager
...Appellant
Vs.
Smt. Kamla Devi, W/o Kamlesh Babu
R/o Jogipur, Post Nigra
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 05-12-2014 passed by the District Consumer Forum, Oraiya in Complaint No. 206 of 2013 Smt. Kamla Devi V/s Central Bank of India and another whereby the District Consumer Forum has allowed complaint and ordered opposite party to pay Rs.2,15,000/- 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 she has saving account in Mihouli branch of appellant bank. It has been further contended by
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respondent/complainant that she has deposited Rs.4,89,494/- in her account on different dates but on 02-06-2012 she came to know that there is only Rs.32,759/- in her account. Consequently she made complaint to bank and deposited original passbook and depositor slip but could not get any result. Therefore, she has filed complaint before District Consumer Forum.
Written statement has been filed by opposite parties before District Consumer Forum on behalf of appellant bank wherein it has been stated that the complaint has been filed with false allegation.
In written statement it has also been stated that Ganga Prasad Cashier of bank has made embezzlement in several accounts of the bank and he is under suspension. He is facing trial. Criminal case is also pending against him.
In written statement it has been further stated on behalf of appellant bank that after verification of depositor slip and withdrawal slip it was found that withdrawal of Rs.2,05,000/- was found and was adjusted in account.
After having gone through pleadings of parties as well as evidence on record the District Consumer Forum has drawn conclusion that the withdrawal forms available in bank are forged and amount of Rs.5,000/- has been made Rs.2,05,000/- by committing forgery and interpolation. As such the District Consumer Forum has passed impugned judgment and order as mentioned above.
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. Perusal of withdrawal form with naked eyes shows that interpolation and forgery have been made in withdrawal form.
We have considered the submissions made by learned Counsel for the parties.
During course of hearing learned Counsel for the appellant bank has shown withdrawal form which shows that Rs.5,000/- has been made Rs.2,05,000/- by committing forgery and interpolation.
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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.2,00,000/- of this withdrawal voucher.
The cost of Rs.5,000/- awarded by District Consumer Forum appears appropriate but Rs.10,000/- awarded as compensation for mental agony against bank appears inappropriate 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.10,000/- 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.2,00,000/- 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.5,000/- 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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