KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

                 VAZHUTHACADU THIRUVANANTHAPURAM

  APPEAL  NO:99/2010

                      JUDGMENT DATED:30..08..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

SHRI.M.K. ABDULLA SONA                                      : MEMBER

Alexander Thomas, S/o Thomas,

Kattupalathu House,

Thankamanykara,                                                  : APPELLANT

Thankamany Village,

Udumpanchola Taluk.

(By Adv:Sri.G.Gopidas)

            Vs.

1.         Union Bank of India,

Thankamany Branch, R/by its

Manager, Thankamany,

Udumpanchola, Idukki.

                                                                                    : RESPONDENTS

2.         The A.G.M,

Union Bank of India,

Union Bank Bhavan,

Thiruvananthapuram.

JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The appellant is the complainant in CC.232/08 in the file of CDRF, Idukki.  The complaint stands dismissed.

It is the case of the complainant that he has having a cash credit account with the opposite party bank.  It is his case that a sum of Rs.1,20,000/- is seen withdrawn from the account without his knowledge.  The complainant came to know from the medias that the then Branch Manager, one Mr.Thomas committed forgery in the accounts of various persons.  The bank has issued a lawyer notice alleging that a sum of Rs.4,59,575/- is due from him with 14% interest.  He has sought for getting the accounts corrected accordingly and also permit him to operate the cash credit account  which has been stopped by the opposite parties as well as compensation.

The opposite parties have contended that a civil suit has been filed against the complainant in Sub Court, Kattappana as O.S.16/09 with regard to the amounts over drawn and due to be paid in the cash credit account.  It is alleged that the complainant and the former branch manager Mr.Thomas had personal money transactions between themselves and that the branch manager has to pay a sum of Rs.1,20,000/- to the complainant and subsequently the above branch manager had fraudulently made an entry of Rs.1,10,000/- in the pass book of the complainant without any remittance.  It is also contended that the matter was already disposed of by the Banking Ombudsman.  It was further contended that the complaint is barred by limitation.

The evidence adduced consisted of the testimony of PW1 and Exts.P1 to P11 and R1.

The Forum has dismissed the complaint on the ground that the matter has been considered by the Banking Ombudsman and the matter was closed.

We find that the finding of the Forum in this regard without considering the merits of the matter is clearly not proper.  The order of the Banking Ombudsman cannot be treated as the final one in view of Sec.3 of the Consumer Protection Act.  Hence the order of the Forum is set aside.  The Forum is directed to dispose of the matter afresh after permitting the parties to adduce further evidence if they so desire.  The matter stands posted before the Forum on 3/11/2010.

The office will forward the LCR along with copy of this order to the Forum urgently.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

VL.

M.K. ABDULLA SONA : MEMBER