Punjab

Moga

CC/15/39

Baljinder Kaur - Complainant(s)

Versus

Zonal Manager Bank of India - Opp.Party(s)

Sh.T.S.Bhatti

01 Oct 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.

 

                                     Complaint No. 39 of 2015

                                                                Instituted On: 17.06.2015

                                                 Decided On: 01.10.2015

 

Baljinder Kaur, aged about 50 wife of Shangara Singh, resident of H.No.205, St.No.2, W.No.7, Model Gram, Doraha, District Ludhiana.

Complainant 

Versus

 

1. Zonal Manager, Bank of India, Near Rakh Bagh, Ludhiana.

2. Joginder Pal, Bank Manager, Bank of India, Branch at Dala, District Moga.

         

Opposite Parties

 

 

Complaint under section 12 of the

Consumer Protection Act, 1986.

 

 

 

Coram:      Sh.S.S.Panesar, President

                   Smt Vinod Bala, Member

                   Smt.Bhupinder Kaur, Member

 

Present:      Sh.Tarsem Singh Bhatti, Advocate Cl. for complainant.

                    Sh.Ajay Gulati, Advocate Cl. for opposite parties.

 

ORDER

(S.S.Panesar, President)

                  Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘Act’) against Zonal Manager, Bank of India, Near Rakh Bagh, Ludhiana and others (herein-after referred to as opposite parties)- directing them to refund Rs.5,70,000/- to the complainant alongwith Rs.1,00,000/- as compensation and damages alongwith Rs.10,000/- as costs to the complainant alongwith any other relief, which this Forum may deem fit and proper.  

2.                Briefly stated, the facts of the case are that complainant is holder of loan account no. 654425210000025, which is OD-Agricultural type of account in Bank of India, Dala Branch VPO Dala, District Moga. Upto 22^nd November, 2014 the complainant had a credit balance of Rs.841/- in her above said account and after that complainant had never withdrawn any amount from her account nor authorized any one to transact any business on her behalf pertaining to her above said account. It was a loan limit account of the complainant. The complainant has deposited a sum of Rs.5,00,000/- on 25.11.2014 which was later on withdrawn by the opposite parties. Thereafter, a sum of Rs.70,000/- was credited into the account of the complainant on account of interest. On 05.01.2015 complainant was shocked to see from her bank account statement that someone had withdrawn an amount of Rs.5,70,000/- from her above said account by forging and fabricating her signatures on the bank vouchers. Thereafter the complainant came to know that the Bank Manager Joginder Pal had prepared forged vouchers and also forged her signatures on the relevant bank record in order to cause wrongful loss to the complainant and to cause wrongful gain for himself. The service rendered by the opposite parties is deficient one. A legal notice was served upon opposite parties, but with no effect. The opposite parties were asked many times to admit the rightful claim of the complainant, but they have refused to do so. Hence this complaint.

3.                On notice of the complaint, opposite parties appeared through their counsel Sh.Ajay Gulati, Advocate and filed written reply contesting the same. They took up certain legal objections therein interalia that this Forum has got no jurisdiction to try and entertain the present complaint, as the complainant has levelled allegations of forgery and fabrication against the bank; the complaint is not maintainable being false, frivolous and vague. Further submitted that the complainant herself wants to take undue advantage of a bonafide mistake committed by another customer of the opposite party bank having similar name of that of complainant i.e. Baljinder Kaur. The complainant herself is trying to make wrongful gains by way of misrepresentations and thus is attempting to commit cheating and fraud with the opposite party bank as well as another customer of the bank namely Baljinder Kaur widow of Rachpal Singh resident of Village Dala, Tehsil and District Moga; the complainant has not come with clean hands before this Forum; the complainant is estopped from filing the present complaint by her own act and conduct. The complainant is a defaulter of the opposite party bank and on the basis of incorrect credit entries in her loan account and by way of present false complaint, she intends to get adjusted her loan account with the money which was never deposited by her. On merits, submitted that the complainant i.e. Baljinder Kaur wife of Shingara Singh resident of Village Doraha, District Ludhiana is having a loan account vide account no.654425210000025 with the opposite party bank, vide which the complainant has availed an agricultural over draft limit of Rs.5,00,000/- on dated 26.09.2013 and there is an other loan account having similar name of a different person i.e. Smt.Baljinder Kaur widow of Rachhpal Singh resident of Village Dala, Tehsil & District Moga, Vide loan account no.654425210000023, wherein said Baljinder Kaur widow of Rachhpal Singh has obtained an over draft limit of Rs.5 lacs on 25.09.2013. The said Baljinder Kaur widow of Rachhpal Singh has also availed Rs.3 lacs as KCC limit on dated 31.05.2013, vide her second loan account no.654476310000558 from the opposite party bank. As on dated 30.09.2014 the total outstanding against the complainant in her loan account no.654425210000025 was Rs.5,69,009/- towards the opposite party bank and as on latest date i.e. 13.08.2015 the debit balance (outstanding) due amount against the complainant is Rs.6,06,299/- where interest has been applied upto dated 31.03.2015. On dated 21.11.2014 Smt.Baljinder Kaur widow of Late Sh.Rachhapl Singh had transferred an amount of Rs.2,99,000/- from her KCC loan account no.654476310000558 and on the same day she deposited Rs.34,000/- in the account of her relative namely Iqbal Singh son of Labh Singh in his account no.654425210000022 and remaining amount of Rs.2,65,000/- was transferred inadvertently, wrongly and mistakenly in the account no.654425210000023. Similarly on dated 22.11.2014 said Smt.Baljinder Kaur widow of Rachhpal Singh again inadvertently and by mistake deposited Rs.3 lacs and Rs.5000/- in the account of complainant i.e. a/c no.654425210000025 instead of her own a/c no.654425210000023. Due to above said three erroneous credit entries in the account of complainant made by Baljinder Kaur widow of Rachhpal singh, the loan account of complainant was showing credit balance of Rs.841/- on dated 22.11.2014. Further submitted that in fact by way of misunderstanding and under a wrong impression, the said Baljinder Kaur widow of Rachhpal Singh withdrew amount of Rs.5 lacs cash from the account of the complainant instead of her own account. Later on, when Smt.Baljinder Kaur widow of Rachhpal Singh came to know about her above said mistakes, she requested to the opposite party bank vide her written request dated 30.12.2014 to rectify the above said entire transactions and entries as she had deposited the amount of Rs.2,65,000/-, Rs.3,00,000/- and Rs.5000/- wrongly in the account 654425210000025 because of mis-understanding arisen due to similar namely Baljinder Kaur pertaining to the above said loan account. The opposite party bank on receipt of said application for the correction of entries, from Smt. Baljinder Kaur widow of Rachhapl Singh, made an inquiry and after the perusal of the record and vouchers pertaining to above said three loan accounts and it was found that Smt.Baljinder Kaur widow of Rachhpal Singh resident of village Dala, District Moga and Smt.Baljinder Kaur w/o of Shingara Singh resident of Doraha, District Ludhiana both are distinct and different persons having different and separate loan account and also both the said accounts holders are having different signatures and they both have no connection, relation and Smt.Baljinder Kaur widow of Rachhpal Singh had deposited amounts of Rs.2,65,000/-, Rs.3,00,000/- and Rs.5000/- wrongly, mistakenly in the loan account of complainant under the wrong impression that the account no.654425210000025 belonged to her i.e. Smt. Baljinder Kaur widow of Rachhpal Singh. It was also found that the said Baljinder Kaur widow of Rachhpal Singh had wrongly withdrawn amount of Rs.5,00,000/- from the account of complainant in which already three wrong credit entries were made by her. The opposite party immediately rectified all the four wrong entries made by Baljinder Kaur widow of Rachhpal Singh. First of all, the opposite party bank, reversed entry of Rs.5 lacs withdrawn by Baljinder Kaur widow of Rachhpal Singh and afterwords other three wrong entries pertaining to amounts of Rs.2,65,000/-, Rs.3,00,000/- and Rs.5000/- were reversed from the account of the complainant to the account of Baljinder Kaur widow of Rachhpal Singh i.e. the real owner of money in question. The said reversal was brought into the notice of complainant by the opposite party bank and complainant was requested to deposit the balance due loan amount of Rs.5,69,009/- which was outstanding against her as on dated 30.09.2014 vide her loan account no.654425210000025. The loan account of the complainant was in disorder and inspite of repeated requests she is not making due payments to the bank, but she wants to get adjusted her loan account on the basis of above said wrong credit entries in her account. Further submitted that the account of complainant is a loan account and therefore, question of getting interest of Rs.70,000/- as alleged does not arise. Denying the contents of all other paras of the complaint, opposite party prayed for dismissal of complaint.

4.                In order to prove his case, the complainant tendered in evidence his affidavit Ex.C-1 and copies of documents Ex.C-2 to Ex.C-9 and closed his evidence.

5.                To rebut the evidence of the complainant, the opposite party nos.1 & 2 tendered affidavit of Sh.Naginder Singh, Deputy Manager of Bank of India, Branch Dala, District Moga Ex.O.P.1, 2/1 and copies of documents Ex.O.P.1, 2/2 to Ex.O.P.1, 2/30 and closed the evidence on behalf of opposite parties.

6.                 We have heard the learned counsel for the parties and have also carefully gone through the record.

7.                Learned counsel for complainant has vehemently contended that the complainant is holding a loan account bearing no.654425210000025, which is OD-Agriculture type of account in Bank of India, Dala Branch, VPO Dala, District Moga. On 22.11.2014, the complainant had a credit balance of Rs.841/- in her loan account and thereafter complainant did not withdraw any amount from her account nor she authorized any person to transact any business on her behalf. It was a loan limit account and the complainant deposited a sum of Rs.5 lacs on 25.11.2014, which was later on withdrawn by the opposite parties without any authorization. A sum of Rs.70,000/- was credited into the account of the complainant on account of interest. On 05.01.2015, the complainant was shocked to see her bank account statement that someone has withdrawn an amount of Rs.5,70,000/- from her account by forging and fabricating her signatures on the bank vouchers. Later on complainant came to know that the Bank Manager Joginder Pal had fabricated bank vouchers and further forged her signatures in the relevant bank record in order to himself gain wrongfully and to cause wrongful loss to the complainant. The services rendered by the opposite parties are deficient. The complainant also served legal notice upon the opposite party, copy whereof is Ex.C4. But the opposite parties failed to redress the rightful grievances of the complainant. It has contended that complaint is liable to be allowed and the amount un-authorizedly withdrawn from the account of the complainant may be restored back and complainant is also entitled to be awarded compensation on account of mental and physical harassment suffered by her at the hands of opposite parties.  

8.                On the other hand, learned counsel for opposite parties has vehemently contended that in the present complaint, the complainant has levelled allegation of forgery and fabrication against the bank authorities and instant proceedings being summary in nature cannot decide intricate questions of law and facts, therefore, the complaint is liable to be rejected outrightly by this Forum on this ground alone. It is further contended that alleged amount was wrongfully entered into the loan account of the complainant belonging to one Baljinder Kaur wd/o Rachhpal Singh r/o Village Dala, Tehsil & District Moga. When Baljinder Kaur wd/o Rachhpal Singh came to know about the discrepancy, she approached bank authorities and, after due verification, bank authorities rectified the mistake. The complainant also lodged a complaint against Joginder Pal, Bank Manager, but however, during enquiry conducted by DSP (D) Gurmeet Singh, the complaint was found to be meritless and the police authorities recommended cancellation of the criminal case registered against Joginder Pal, Bank Manager. The bank authorities neither committed any forgery nor signatures of the complainant has been fabricated. It was a genuine mistake, which was rectified by the bank authorities on coming to know of the same. The case of the complainant also got falsified on account of her own stand, when she stated that an amount of Rs.70,000/- was credited in her account on accruel of interest. However, it is a fact fairly known to a person of ordinary prudence that a loan account does not bear any interest, rather it is the loanee who has to pay the interest on the loan amount. The complainant has got no case. There is no deficiency in service on the part of the opposite parties. It is further contended that the instant complaint being meritless may be dismissed accordingly.

9.                We have given thoughtful consideration to rival contentions.

10.              From the appreciation of the facts and circumstances, it becomes amply clear that it is the case of the complainant that it was Joginder Pal, Bank Manager of the concerned bank, who has committed fabrication and fraud upon the complainant. It is borne out from the bank statement that on 22.11.2014, there was credit balance entry to the tune of Rs.514/- in the loan account of the complainant. But however, Joginder Pal, Bank Manager wrongly transferred a sum of Rs.5,70,000/- from the loan account of the complainant to the account of Smt.Baljinder Kaur wd/o Rachhpal Singh without any rhyme or reason. Joginder Pal, Bank Manager forged and fabricated the signatures of the complainant on the withdrawal slips. The allegations regarding fraud and fabrication are beyond the purview of this Forum. Reliance in this regard can be placed on Nirmal Kumar Pandey & another Vs Kollati Constructions Ltd. & other 2015(3) CLT 496 (NC), wherein it has been laid down that "as per above averments made by the petitioners in their complaint, It is manifestly clear, that by no stretch of imagination present dispute can be said to be a "Consumer Dispute". Admittedly, petitioners have made allegations of fraud, criminal conspiracy and creation of fake settlement deed etc. So, to decide all these alleged criminal acts, the Consumer Forum has no jurisdiction to deal with such matters. Therefore, both fora below, rightly refused to entertain the complaint of the petitioners."

11.              Not only that the allegations of the complainant that it was she who deposited a sum of Rs.5,00,000/- in her loan account for settling the same, does not hold good. Because the bank record manifestly proves that the amount of Rs.5 lac was deposited by Smt.Baljinder Kaur wd/o Rachhpal Singh, who incidentally had account no.654425210000023, whereas the loan account of the complainant was bearing account no.654425210000025. The bank vouchers Ex.OP1, 2/9, Ex.OP1, 2/10, Ex.OP1, 2/11 bear witness to that fact. Those deposit vouchers bear the signatures of depositor in English, whereas it is the admitted case of the complainant that she knew to append her signatures in Punjabi only. On coming to know of the mistake, the bank authorities rectified the mistake, after due verification. The very stand of the complainant that a sum of Rs.70,000/- was credited in her account on account of interest also fortifies the case of the opposite parties, because the loan account does not bear any interest, rather it is the loanee who has to pay the interest to the bank on the loan incurred by him/her.

12.              Not only that the complainant approached police authorities and lodged a criminal case against Joginder Pal, Bank Manager. The police Authorities registered FIR no.198 dated 27.6.2015 on the basis of the complaint filed by the complainant and the matter was investigated by DSP (D) Gurpreet Singh and the Bank Manager Joginder Pal was found to be innocent and cancellation of the FIR no.198 dated 27.6.15 was recommended. It was further found that no fraud and fabrication was made by the bank authorities. The complainant has further failed to produce any evidence regarding source of huge amount of Rs.5 lacs. As a matter of fact the complainant actually did not deposit the said amount and it was due to mistake made by Smt.Baljinder Singh wd/o Rachhpal Singh in filling account number on the bank vouchers and the amount was transferred wrongly in the name of the complainant. The complainant has got no case. The instant complaint is nothing, but an abuse of the process of law. There is no deficiency in service on the part of the opposite parties. As such, the instant complaint fails and the same is ordered to be dismissed accordingly. Copies of the order be sent to the parties free of cost immediately and thereafter the file be consigned to the record room.

 

                   (Bhupinder Kaur)          (Vinod Bala)        (S.S. Panesar)

                    Member                         Member                   President

Announced in Open Forum.

Dated:01.10.2015.