STATE BANK OF INDIA Vs. DARSHAN SINGH

JUDGEMENT

(1.) DARSHAN Singh respondent (in short "the respondent") was having saving bank account No. 16150 with the appellant bank. He deposited Rs. 27,000 in the said bank account on 17.8.1999. Dev Raj respondent No. 2 was working as a Cashier at that time who issued the counter voucher to Darshan Singh respondent in token of having received the amount of Rs. 27,000. The respondent went to the office of the appellant bank for withdrawal of the amount from his saving bank account No. 16150 but he found that there was only small amount of Rs. 556.43 lying in his account and the amount of Rs. 27,000 deposited by him on 17.8.1999 was not credited in his bank account. The respondent requested the appellant bank to do the needful but they failed to respond on which, the respondent filed the complaint against the appellant bank and others in the learned District Consumer Disputes Redressal Forum, Sangrur (in short "the District Forum" ) seeking refund of Rs. 27,000 with interest, compensation and costs.

(2.) THE appellant bank filed the written reply. It was admitted that the respondent was having bank account No. 16150 with them and that Dev Raj respondent No. 2 was working as a cashier. It was however, denied if the respondent had deposited the amount of Rs. 27,000 with the appellant bank on 17.8.1999 because no such amount was entered in the scroll of the bank on that day. Had the respondent deposited that amount in the bank on that day, the entry to that effect should have appeared in the scroll of the bank. The counter receipt set up by the respondent was false, fabricated and was the result of fraud.

(3.) IT was further pleaded that the respondent had not produced the pass book in the learned District Forum even after the request to that effect was made by the appellant bank. The respondent had taken the plea that the said pass book was with Dev Raj Clerk/Cashier respondent No. 2 but said Dev Raj was already under suspension about 1 years earlier as he had embezzled some amount of the appellant bank. The respondent had never deposited such a huge amount in his bank account since 28.8.1995 and the bank account of the respondent had never exceeded Rs. 6,227. Hence, it was prayed that the allegations made by the respondent were false and fictitious and dismissal of the complaint was prayed.