Karnataka

Kolar

CC/43/2015

Sri.Sanjay Kumar Jain - Complainant(s)

Versus

The Manager, Axis Bank - Opp.Party(s)

Sri.S.D.Chowde Gowda

28 Nov 2016

ORDER

Date of Filing: 27/08/2015

Date of Order: 28/11/2016

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 28^th DAY OF NOVEMBER 2016

PRESENT

SMT. PRATHIBHA.R.K., BAL LLM, PRESIDENT

SRI. R. CHOWDAPPA, B.A., LLB…..    MEMBER

SMT. A.C. LALITHA, BAL., LLB           ……  LADY MEMBER

CONSUMER COMPLAINT NO :: 43 OF 2015

Sri. Sanjaykumar Jain,

S/o. Gulabchand,

Aged About 32 Years,

Permanently R/at: Vinayakanagara,

Lakshminarayanapura Taluk,

Rayapura District,

Chathisgad State,

 

Now R/at: No.1198/4,

Krurubarpet, Kolar.

 

(Rep. by Sri. Ananth Nagaraj.K, Advocate)                        ….  Complainant.

 

- V/s -

The Manager,

Axis Bank, Kolar Branch,

Cottunpet, Kolar City.

(Rep. by Sri. N.G. Vasudev Moorthy, Advocate)           …. Opposite Party.

-: ORDER:-

 

BY SMT. PRATHIBHA.R.K, PRESIDENT

01.   The complainant has preferred this complaint Under Sections 11 & 12 of the Consumer Protection Act, 1986 seeking directions against the OP-Bank to pay Rs.10,00,000/- which was withdrawn by an unknown person from the OP-Bank through two cheques and to pay compensation of Rs.1,00,000/- towards loss of interest on the said amount and to grant any such other reliefs as this Hon’ble Forum deems fit.

 

02.   The facts in brief:-

(a)    It is contention of the complainant that, he had S.B. Account in the OP-Bank bearing No.913010046634672 and he maintained more than Rs.10,00,000/- balance in the said account in the year 2013.  Further contention of the complainant is that, on 23.12.2013 and on 26.12.2013 some unknown person had withdrawn Rs.10,00,000/- from his S.B. account through self cheques bearing Nos. 66243 and 66242.  But on the said date i.e., on 23.12.2013 at about 11.20 AM he made deposit of Rs.5,00,000/- at Raipur District, Chattisgarh State, to his S.B. account of the OP-Bank, and thereafter he went to Sub-Registrar Office at Raipur District, Chatisgarh State, to execute a registered sale deed and on the next day i.e., on 24.12.2013 he made another deposit of Rs.5,00,000/- to his S.B. account of the OP-Bank. 

 

(b)    Further allegations of the complainant is that, after completion of his work at Raipur District, Chattisgarh State, he returned back to Kolar on 04.01.2014 and on the very same day he visited OP-Bank to withdraw the money.  At that instant, surprisingly he came to know that, some unknown person had withdrawn a total sum of Rs. 10,00,000/- from his S.B. Account i.e., Rs.5,00,000/- on 23.12.2013 and another sum of Rs.5,00,000/- on 26.12.2013 by producing two self cheques before the OP-Bank, hence the complainant requested the Manager of the OP-Bank to provide C.C. TV footage clips to know who had withdrawn the said amounts while he was not in the station.  The Manager of the OP-Bank requested the complainant not to give any complaint and he will provide C.C. TV footage clips on 11.01.2014.  Again on 11.01.2014 when complainant visited the OP-Bank the Manager requested for another two days time.  Believing the words of the Bank Manager the complainant visited OP-Bank again and again till 11.10.2014 and on the advice of the Manager of the OP-Bank he wrote a letter to the OP-Bank in writing also.  But all efforts of the complainant went in vain.  Hence on 15.06.2015 the complainant got issued the legal notice to OP-Bank and OP-Bank has given reply evasively on 24.06.2015.  Hence this complaint.

 

(c)    Along with the complaint the complainant has submitted List of documents as mentioned below:-

(i) Copy of the Pass-Book

(ii) Copy of the representation given by the complainant dated: 11.10.2014.

(iii) Copy of the challens

(iv) Copy of the legal notice dated: 15.06.2015

(v) Copy of the reply notice dated: 24.06.2015

(vi) Copy of the postal receipt.

 

03.   On issuance of notice to the OP from this Forum, counsel for OP appeared and filed its version resisting the claim of the complainant in toto:-

(a)    OP submitted that, the complainant has opened an S.B. account on 12.10.2013 bearing No.913010046634672 with the OP branch.  OP further submitted that, the complainant had withdrawn Rs.5,00,000/- on 23.12.2013 vide cheque bearing No.66243 and again on 26.12.2012 (can be read as 26.12.2013) he withdrawn Rs.5,00,000/- vide cheque bearing No.66242.  Further OP submitted that, both the self-cheques were signed by the complainant and on the back-side of the cheque is also signed by the complainant himself.  And that the OP – Bank after following all the rules and procedures those cheques were honoured and payment of the same to the complainant. 

 

(b)    The OP further submitted that, after ten months i.e., on 11.10.2014 complainant submitted a letter requesting the OP-Bank to provide C.C. TV clippings claiming that he had not withdrawn the said amounts.  On 24.10.2014 OP sent reply letter to the complainant informing non-availability of the C.C. TV clippings as the transactions done is more than 90 days and confirming that the said withdrawals were made by the complainant himself.  Thereafter complainant issued legal notice dated: 15.06.2015 to the OP, for which OP replied on 24.06.2015 untenably.  And in spite of that the complainant approached this Hon’ble Forum with the false averments.  Hence the OP prayed for dismissal of the complaint.  All allegations leveled against the OP made in Para-2 to 5 and 7 are false and incorrect.

 

(c)    Along with version the counsel for OP has submitted below mentioned documents:-

(i) Copy enquiry letter of Chief Electoral Officer, Karnataka.

(ii) Copy of Voter ID Card of complainant.

(iii) S.B. Account Form details

(iv) S.B. Account extract dated: 11.01.2014

(v) Entire order sheet in CR No.170/2014 of P.C.J and C.J.M, at Kolar.

(vi) Copy of FIR

(vii) Entire Order Sheet in C.C. No.955/2015

(viii) Charge-sheet in C.C. No.955/2015

(ix) Charge framed copy.

 

04.   The learned counsel appearing for the complainant has submitted affidavit evidence by way of examination-in-chief and on behalf of OP Sri.Prasanna.K, Manager of the OP - Bank has submitted affidavit evidence. 

 

05.   The very complainant got himself examined as PW-1 and Exhibits-P.1 to P.19 came to be marked on his behalf and received in evidence.  At the time of complainant’s cross-examination counsel for OP submitted 12 documents the same are confronted and marked as Exhibits-D.1 to D.12.

 

06.   On 18.01.2016 counsel for complainant has submitted Memo with below mentioned documents:-

(i) State of Account of the complainant pertaining to Axis Bank, Kolar.

(ii) Letter issued by the Axis Bank dated: 24.11.2014 to the complainant.

 

07.   On 18.01.2016 and on 22.03.2016 counsel for OP –Bank has submitted below mentioned documents:-

(i) Application form for opening an S.B. Account from the complainant.

(ii) Six Self Cheques received from the complainant dated: 30.11.2013, 23.12.2013, 10.12.2014 06.01.2014, 26.12.2013, 12.02.2014.

(iii)  PAN Card of the complainant

(iv) Signature Mismatch Declaration dated: 28.09.2013 received from the complainant.

(v) Voter ID of the complainant

(vi) Most Important Document (Type I) – Prime (SBEZY/SWEZY/SBPM/SBPRP).

(vii) Rules & Regulations Form signed by the complainant.

(viii) ChequeNo.66245, dt. 10.01.2014 for Rs.38,900/-

(ix) ChequeNo.66247, dt. 10.01.2014 for Rs.1,00,000/-.

(x) ChequeNo.66248, dt. 17.01.2014 for Rs.1,00,000/-

(xi) ChequeNo.79941, dt. 10.02.2014 for Rs.50,000/-

(xii) R.T.G.S. Application Form dated: 10.01.2014 for Rs.38,900/-.

08.   On 20.09.2016 counsel for complainant has submitted Memo with original counter foil dated: 23.12.2013 for having deposited Rs.5,00,000/- from Axis Bank, Telibandha Square Branch to OP - Bank Branch.

 

09.   On 14.10.2016 counsel for complainant has submitted written arguments along with Memo and below mentioned documents and citations:-

(i) Notary attested copy of confirmation letter dated: 23.12.2013

(ii) Notary attested copy of Two deposited bank challens dated: 23.12.2013 and 24.12.2013.

(iii) Notary attested copy of Air ticket dated: 04.01.2014.

(iv) Notary attested copy of Private Forensic Lab report dated: 01.10.2016.

(v) Notary attested copy of registered sale deed dated: 23.12.2013.

(vi) Allahabad High Court in W.P. 43369/2006

(vii) Delhi High Court.

 

10.   On 19.07.2016 counsel for OP –Bank has submitted its written arguments.

 

11.   On 18.10.2016 counsel for complainant has submitted translated copy of Sale deed dated: 23.12.2013.  And on 25.10.2016 counsel for complainant has also submitted Memo with Xerox copy of endorsement, other enclosed documents issued by Sub-Registrar of Sub-District, Patan.

 

12.   On 07.11.2016 counsel for OP – Bank has submitted Memo with copy of the list of employees of Bank for the month of December-2013 to February-2014.

 

13.   On perusal of the order-sheet it reveals that, as per the orders of this Forum on IA No.1 filed by the OP-Bank the two disputed cheques dated: 26.12.2013 and 23.12.2013 for Rs.5,00,000/- each were sent to Truth Lab, The Indian Forensic Science Laboratory, Koramangala, Bangalore, to obtain an expert evidence.  And this Forum has received the said expert opinion dated: 28.05.2016 sent by the Truth Lab, The Indian Forensic Science Laboratory, Koramangala, Bangalore, and the same shall be discussed later.

 

14.   Heard the oral arguments as advanced by the learned counsel appearing for the complainant and that of the learned counsel appearing for the OP.

 

15.   Therefore the points that do arise for our consideration in this case are:-

(A) Whether the complainant has proved deficiency in service on the part of the OP-Bank?

(B) Whether the complainant is entitled to the relief prayed for in the complaint?

(C) What order?

16.   Findings of this District Forum on the above stated points are:-

POINT (A) & (B):- In the Negative

POINT (C):-  As per the final order

for the following:-

 

REASONS

POINT (A) & (B):-

17.   To avoid repetition in reasoning and as these points do warrant common course of discussion the same are taken up for consideration at a time.

 

(a)    On perusal of the pleadings as well as documents and affidavit evidence filed by both parties, it is an admitted fact that, the complainant is an S.B. account holder of the OP- Bank bearing account No. 913010046634672. 

 

(b)    The allegation of the complainant is that, Rs.5,00,000/- has been deposited by him on 23.12.2013 at Raipur District, Chattisgarh State to his S.B. Account bearing No. 913010046634672 and again on 24.12.2013 Rs.5,00,000/- has been deposited to the complainant’s S.B. account at Raipur District, Chattisgarh State.  The above amount of Rs.10,00,000/- was withdrawn through 02 self cheques bearing Nos. 66243 and 66242 on 23.12.2013 and on 26.12.2013 respectively from the complainant’s account.  The main contention of the complainant is that, the complainant has not withdrawn the above said amount from his account through cheque bearing Nos.66243 and 66242 dated: 23.12.2013 and 26.12.2013 respectively though he was not at all present at Kolar on the above said dates.  On the said dates he was at Raipur District, Chattisgarh State.  

 

(c)    The crux of the matter is whether the complainant has withdrawn the amount through 02 self cheques bearing Nos.66243 and 66242, dated: 23.12.2013 and 26.12.2013.  The complainant submitted that, he was at Raipur District, Chattisgarh State on 23.12.2013 and he has deposited an amount of Rs.5,00,000/- at 11.20 AM to his S.B. Account bearing No. 913010046634672 of Axis Bank, Kolar Branch.  And thereafter he went to Sub Registrar Office at Patna, Chattisgarh to execute a registered sale deed to substantiate his contention the complainant has produced the sale deed copy which has been executed in his name on 23.12.2013.  And further the complainant has submitted that, on 24.12.2013 he deposited another sum of Rs.5,00,000/- at Raipur District, Chattisgarh State, to his S.B. Account bearing No. 913010046634672 of Axis Bank, Kolar Branch.  The complainant further submitted that, it was not noticed till 04.01.2014 that some unknown person had withdrawn the amount of Rs.10,00,000/- through 02 self cheques bearing Nos.66243 and 66242.  The complainant further submitted that, he approached OP-Bank Manager with regard to withdrawal of the money and the Manager of the OP-Bank has given an assurance that, she will provide C.C. TV clippings and after 10 months i.e., on 11.10.2014 the Manager told to the complainant to give a letter in writing and hence the complainant had given a letter to the Manager on 11.10.2014.  And the OP-Bank had replied to the letter stating that, the above 90 days were lapsed and hence the said footage cannot be given. 

 

(d)    Per contra, OP submitted that, the complainant himself had withdrawn the said amounts on 23.12.2013 and on 26.12.2013 through two self-cheques bearing Nos.66243 and 66242 i.e., Rs.5,00,000/- each.  The OP further submitted that, the complainant has also signed in the back-side of the said two cheques.  They followed the RBI rules and regulations and accordingly they made payment of the amounts to the complainant. 

 

(e)    The OP-Bank further submitted that, the complainant had approached the OP-Bank only after lapse of 10 months seeking for C.C. TV clippings that to he was not sure of withdrawal of the amount.  The OP-Bank has replied the letter stating that, C.C. TV footage will be kept only for 90 days. 

 

(f)     Here we have to observe that, the complainant never stated anywhere in the letter dated: 11.10.2014 submitted by him to the OP-Bank that, what is the real cause for lapse of 10 months delay in submitting the said letter to the OP-Bank.  And on perusing the letter dated: 11.10.2014 it clearly shows that, the complainant is not sure about who had withdrawn the said amounts from his account and to trace-out the truth that, whether he himself had withdrawn the said amounts or any other person had withdrawn the said amounts, he sought C.C. TV clippings from the OP-Bank.  For the sake of arguments, if we assume that, the said withdrawal of Rs.10,00,000/- was made by an unknown person, which is not at all a small amount; the complainant did not lodge any complaint before the jurisdictional police and also did not write a letter to the OP-Bank seeking “stop-payment” from this account.   Further what made the complainant to remain blank for all these 10 months without approaching appropriate authority to redress the fraudulent act committed by an unknown person is not evident by any credible evidence of reason.

 

(f)     From the above material placed on record and the evidence produced by both the parties, there is no deficiency in service on the part of the OP-Bank.  Firstly the complainant submitted that, the complainant had approached orally on 04.01.2014 to the Manager of the OP-Bank claiming details of the withdrawal of the amount.  This oral submission made by the complainant cannot be considered by the OP-Bank as there is a lapse of 10 months from the date of withdrawal of the said amount.  The complainant being a business-man running a business in Chattisgarh State as well as in Karnataka State this oral statement made by the complainant cannot be accepted.  Hence we come to the conclusion that, the complainant has approached OP-Bank only after lapse of 10 months i.e., on 11.10.2014 seeking C.C. TV clippings that he was not sure about the said withdrawals and a portion of the said letter reads thus:-

“Sub: Information with video/photo of self withdrawals dated on 23.12.2013 & 26.12.2013 from Account S.B. 913010046634672.

 

With respect to above I Sanjay Kumar having account S.B. 913010046634672, hereby request you to provide me the information of withdrawals through self cheques No.66243 & 66242 from my account on date 23.12.2013 & 26.12.2013 which amounts Rs.5,00,000/- Lakhs each. 

 

Kindly provide me the details with photo images since I am not sure of these withdrawals.”

 

        Further the OP – Bank has replied stating that, C.C. TV clippings will not be provided as it will not available after lapse of 90 days.

 

(g)    Secondly, the complainant had contended that, he has not signed the above two cheques and that the OP had colluded with the unknown person and without taking signature on the back-side of the two cheques OP-Bank permitted an unknown person to withdraw the amount of Rs.10,00,000/- through cheque bearing Nos.66243 & 66242 i.e., Rs.5,00,000/- each.  On perusal of the documents produced by the OP-Bank, it is seen that, in the two disputed cheques bearing Nos.66243 & 66242 for Rs.5,00,000/- each the complainant has signed the cheques and on the back-side also he made signatures.  And with regard to the dispute raised pertaining to the signatures made on the said two cheques this Forum obtained expert opinion by sending all the relevant documents in detail to the Truth Labs, Koramangala, Bangalore.  And the said Truth Laboratory has sent its expert opinion which reads as under:-

“All the above similarities are significant in nature and sufficient in numbers.  These are present not due to any coincidence.  No sign of imitation is observed in questioned signatures.  Cumulative consideration of all the above observation led to the opinion formed above.”

 

Hence we come to the conclusion that, the complainant himself had signed the cheques bearing Nos.66242 and 66243 for Rs.5,00,000/- each and then presented before the OP-Bank and had withdrawn the money. 

 

(h)    Along with the written arguments the complainant has also submitted copy of an expert opinion given by Dr.S.K.Dhenge, The Private Forensic Laboratory Report dated: 01.10.2016.  The Conclusion given by the said Laboratory is thus:-

“When all above observation taken together, I came to the conclusion of different authorship of Q1 to Q4 and A1 to A15 and N1 to N10 signature of “Sanjay jain”.

 

 The complainant has also produced copy of the registered sale deed dated: 23.12.2013 which had took place at Raipur District to substantiate his contention that at the time of withdrawal of Rs.10,00,000/- he was residing at Raipur Distirct, Chattisgarh State. 

(i)     On perusal of the documents, we hold that, the self expert opinion dated: 01.10.2016 obtained by the Private Forensic Laboratory, Raipur, is not sustainable one and it is not significant.  The report of Truth Laboratory, which was obtained on the consent of both the parties as per the proceedings noted in the order sheet dated: 29.03.2016.  Further the Forensic Laboratory is a government appraisal laboratory which has given a finding upon the signature of the complainant and has held that, the signature on the cheque is legal.  The opinion of Dr. S.K.Dhenge cannot be of any relevance as it is a private Agency.  Going by the facts, the report of the FSL will have to be taken in to consideration.  Further the complainant has not given any complaint to the jurisdictional police nor has he stated that, cheques were lost much less has he given any instructions to the Bank to “stop-payment”.  All the averments made by the complainant is only to hoodwink the Forum and make believe story only, which cannot be accepted after a long delay.  Hence we answered point (A) & (B) in the negative.

POINT (C):

18.   We proceed to pass the following:-

ORDER

01.   The complaint filed by the complainant is hereby Dismissed and we direct both parties to bear their own costs.

02.   Send a copy of this order to both parties free of cost

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 28^th DAY OF NOVEMBER 2016)

 

 

 

LADY MEMBER                     MEMBER                             PRESIDENT