(1.) SATNAM Singh had opened NRE account with the respondents. He had also availed ATM debit card facility. He had handed over the ATM debit card to his wife who was residing in village Othian, District Amritsar. The passbook and ATM debit card were in safe custody and in f possession of his wife.
(2.) IT was further pleaded that the appellant had never applied for the duplicate ATM debit card or security pin number to the respondents. None of his family members has got passport to visit foreign country nor they applied for the 9 same till today. The wife of the appellant could not notice that the amounts of Rs. 1,290.57 and Rs. 1,289.48 were illegally withdrawn from the bank account of the appellant on 11.5.2008 and 14.5.2008 respectively.
(3.) IT was further pleaded that the wife of the appellant was astonished to see that there was a balance of Rs. 1,605.75 only on 26.1.2009 when she visited the bank to withdraw the amount for her family requirement while the appellant had deposited an amount of Rs.80,000 in the bank. The wife of the appellant immediately went to the respondents and got her passbook completed. She was astonished to note that an amount of Rs. 6,856.40 was withdrawn through ATM on 26.1.2009. The amount was withdrawn on various dates through ATM for a number of times and the total amount of withdrawal was Rs. 86,790.96. Hence the complaint for recovery of Rs.86,790.96 with compensation, interest and costs.