Order No. 30 dt. 11/09/2017
The case of the complainant in brief is that the complainant has a joint savings bank account with Andhra Bank, Rashbehari branch. The complainant lodged a complain to the o.p. bank that one Amitava Rai by making forged signature of the complainant presented two cheques and illegally withdrawn Rs. 98,000/- and Rs. 34,200/- respectively. The complainant brought to the notice of the bank but those cheques were cleared causing financial loss to the complainant to the tune of Rs. 1,32,200/-. Relating to the said incident the complainant lodged a police complaint at Tollygunj police station on 13/06/2012. But no action was taken by the police for which the complainant had to file this case praying for direction upon the o.p. bank for disbursement of the amount in favour of the complainant and also prayed for compensation of Rs. 5,00,000/- and litigation cost.
The o.p. bank contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant made false allegation against the bank that without properly verifying the signature the o.p. allowed those cheques. It was further stated that the cheques presented to the bank from the cheque book lying in the custody of the complainant and he did not explain how the cheques from his cheque book went to the custody of said Amitava Rai. The complainant did not state that the cheque book was lost. The complainant claimed that the signatures were not verified by the bank how the complainant came to know the said fact. The complainant made false allegation agains the bank. The complainant also lodged a complain to the police but the police after investigation submited a final report, i.e. the police did not find any prima facie case in support of the contention of the complainant. On the basis of the said fact the o.p.s prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided :-
- Whether the complainant had the account with the bank of the o.p. ?
- Whether the cheques cleared by the o.p. were not signed by the complainant ?
- Whether there was any deficiency in service on the part of the bank ?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. Lawyer for the complainant argued that the complainant is the holder of the savings bank account in the bank of the o.p. The complainant did not issue two cheques totaling an amount of Rs. 1,32,200/- and those two cheques were fraudulently signed by one Amitava Rai and those cheques were cleared by the bank since the bank did not compare the recorded signature with the signatures appeared on those cheques and cleared the same for which the complainant sustained loss of Rs. 1,32,200/-. The complainant relating to the said fact informed to police as well as to bank but no action was taken for which the complainant had to file this case. On the basis of the said fact the complainant prayed for direction upon the o.p. for releasing the said amount in favour of the complainant as well as prayed for compensation of Rs. 5,00,000/- and litigation cost.
Ld. Lawyer for the o.p.s argued that the complainant made false allegation against the bank that without properly verifying the signature the o.p. allowed those cheques. It was further stated that the cheques presented to the bank from the cheque book lying in the custody of the complainant and he did not explain how the cheques from his cheque book went to the custody of said Amitava Rai. The complainant did not state that the cheque book was lost. The complainant claimed that the signatures were not verified by the bank how the complainant came to know the said fact. The complainant made false allegation agains the bank. The complainant also lodged a complain to the police but the police after investigation submit a final report, i.e. the police did not find any prima facie case in support of the contention of the complainant. On the basis of the said fact the o.p.s prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainant was the holder of the account of the bank of the o.p. It is an admitted fact that the book containing the cheques belong to the cheque book issued to the complainant. The cheque book is strictly kept under the custody of the account holder. The complainant failed to establish that the cheque book was stolen or it was misplaced. But no such plea was taken by the complainant. Moreover we find from the materials on record that the complainant made allegation against the bank to the police. The police investigated the case and did not find any material against the o.p. bank resulting in submission of final report before the Court of Law. Apart from the said fact the complainant did not file any petition for sending those cheques to hand-writing expert to ascertain the fact that the signature appeared on those cheques were not of the complainant but were of different person. No such evidence has been placed by the complainant before this Forum. In view of such background of the case we hold that the case filed by the complainant has got no merit and the same is to be dismissed.
Thus all the points are disposed of accordingly.
Hence, it is ordered,
That the case no. 294 of 2012 is dismissed on contest without cost against the o.p.
Supply certified copy of this order to the parties free of cost.
