Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 477
Instituted on : 20.10.2020
Decided on : 24.08.2023
1. Indra wati w/o Ram Karan.
2. Sudesh d/o Ram Karan w/o Jorasingh,
3. Sheel s/o Ram Karan,
4. Ranbir s/o Ram Karan since deceased through LRs.
A. Geeta w/o Ranbir s/o Ramkaran
B. Akash s/o Ranbir s/o Ramkaran
C. Sagar s/o Ranbir s/o Ram Karan All resident of Vill. Bhallout, District Rohtak.
………..Complainant.
Vs.
- State Bank of India, Bhaulaut Branch, District Rohtak through its Manager.
- SBI, Head Office State Bank Bhawan, M.C.Road, Nariman Point, Mumbai, Maharashtra, through its Chairman. …….Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER.
Present: Sh. Ashwani Phougat, Advocate for complainant.
Sh. O.P.Chugh, Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN PRESIDENT:
1. Brief facts of the case as per complainants are that Ram Karan is having bank account No.11596396002 with the opposite parties at Bhalout Branch. He has given an application to Bank for issue of new passbook then he came to know that someone has withdrawn the amount from his account illegally. At that time there were Rs.14,00,000/- in the account of complainant. All the amount of the complainant was withdrawn illegally by someone on different dates. On that, complainant approached the Manager of the said Branch and also to higher officers of SBI to return his amount. It is further submitted that Branch Manager of the SBI Bhalout told that one of their employee illegally withdrew the amount of complainant from his account and FIR has been registered against him and they will return the amount shortly. But after that they did not pay any heed towards the genuine requests of complainant and no amount has been received till the filing of the present complaint. As such, there is deficiency on the part of the opposite party. Hence, this complaint and it is prayed that opposite party may kindly be directed to make the payment of Rs.1330500/-, also to pay Rs.50,000/- as compensation and Rs.11,000/- as litigation expenses to complainant as explained in relief clause.
2. After registration of complaint, notices were issued to the opposite parties. Opposite parties in their reply has submitted that as per their record, the said amount has been withdrawn by the complainant from his account but as the complainant leveled allegations, in this regard the investigation/enquiry is pending. And further action will be taken in the matter. It is wrong and denied that the Branch Manager told that one of their employee has illegally withdrawn the amount and that they will return the amount shortly. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint.
3. Learned counsel for the complainant in his evidence has tendered affidavits Ex.C1/A, documents Ex.C1 to Ex.C9 and has closed his evidence on dated 26.08.2022. He also tendered Ex.C-10 to Ex. C-16 in his additional evidence and closed the same on dated 16.08.2023. Learned counsel for the opposite parties has tendered affidavit Ex. RW1/A and closed his evidence on 12.06.2023.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. Perusal of the file reveals that written statement has been filed by the opposite party merely on denial basis but in the para no.8 it has been submitted by the respondent bank that an investigation enquiry regarding the fraud and cheating is pending and after decision of the same further action will be taken in the matter. Meaning thereby a fraud has been committed in the bank. Moreover we have minutely peruse the FIR and report under section 173 Cr.Pc.. The perusal of these 2 documents itself shows that the fraud has been committed in the respondent bank by its own employees and FIR No.61 dated 01.03.2020 under section 409, 420, I.P.C has been registered in IMT Rohtak against Sh. Subhash s/o Ram Kumar. We have minutely perused the written submission filed by the opposite party, as per which it is submitted that : “As per bank record(Statement of Account of the account of complainant is on file) of the bank, that all the amount has been withdrawn by the complainant from his account. No documentary evidence has been produced by the complainant about alleged withdrawal of amount from the account of complainant by some other person. The original vouchers of withdrawal has been taken in possession by the police and have not been returned to the bank till today. No FSL report has been received. So it is not possible to find out that which amount has been allegedly withdrawn by some other person or no amount has been withdrawn by some other person”. But during the investigation the police officials investigated the matter at length and submitted a report under section 173 Cr.Pc. with the concerned Judicial Magistrate. We have minutely perused the report u/s 173 Cr.P.C and perusal of this report itself shows that a fraud has been committed by the bank officials with so many persons including the complainant. As per this report, a fraud of Rs.10 lac has been committed with the complainant. It has been further submitted in this report that 79 disputed vouchers have been taken into possession by the police officials after obtaining the thumb impression and signatures of the account holders. And it has been found that the fraud has been committed. Moreover a confession statement has also been made by the accused Subhash Chander which is placed on record as Ex.C11. So after perusal of all the documents it is established that a fraud has been committed by the official of the bank with the complainant and other account holders. Hence it is the duty of the bank to protect the amount/finances deposited by the customers and villagers with the bank. The bank being the employer is liable for the wrongful act and conduct of its employees. As such opposite party is liable to compensate the complainant. As per the complaint, complainant has demanded Rs.13 lac but as per FIR the fraud amount has been mentioned as Rs.10 lac. So the complainant is entitled for Rs.10 lac only. At the time of arguments, an application for impleading the LRs of Ram Karan complainant has been filed on the ground that Ram Karan complainant has been died on 13.01.2023. Death certificate of Ram Karan is also placed on record. As per this application, Smt. Indrawati wife of deceased Ram Karan, Sheel Kumar son, Sudesh daughter, Geeta daughter- in law, Akash grandson and Sagar grandson are the LRs of deceased Ram Karan. The LRs namely Sh. Sheel Kumar son, Sudesh daughter, Geeta daughter-in law, Akash grandson and Sagar grandson of deceased Ram Karan have given their separate affidavits submitting therein that the amount of compensation be paid to Smt.Indrawati.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party to pay an amount of Rs.1000000/-(Rupees ten lacs only) alongwith interest @9% p.a. from the date of filing the present complaint i.e. 20.10.2020 till its realization and Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the wife of deceased Ram Karan. Order shall be complied within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
24.08.2023.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender singh, Member
