GURGAON GRAMIN BANK, GURAWARA Vs. ANIL KUMAR

JUDGEMENT

(1.) THIS appeal has been directed by the opposite parties against order dated 14.12.2000 passed by Consumer Disputes Redressal Forum, Rewari (hereinafter to be referred as District Consumer Forum), whereby complaint of Anil Kumar, respondent (complainant) was accepted by holding that the amount of Rs. 9500 had been illegally transferred from the account of respondent to the loan account of Ravi Kumar and as such the entry should be reversed and further the interest was to be paid at the rate at which accrued to the saving bank account. They were directed to do the needful within two months.

(2.) BRIEFLY stated the facts are that the respondent Anil Kumar was saving bank account with the appellants (opposite parties). He stood guarantee for one Ravi Kumar who had taken loan of Rs. 8,000 on 22.3.1990 from the appellants. Ravi Kumar became defaulter. The appellants transferred the amount of Rs. 9,500 from the account of respondent (complainant) without his authority and credited the same in the account of Ravi Kumar. The said transfer was stated to be illegal by the respondent and alleging deficiency in service, he filed the complaint. He further claimed Rs. 5,000 as damages and also interest @ 24% p.a.

(3.) APPELLANTS in their reply stated that the respondent had stood as guarantor for repayment of loan which was advanced to Sh. Ravi Kumar. They next stated that the respondent was having saving bank account and from his saving bank account, an amount of Rs. 9,500 was transferred to the account of Shri Ravi Kumar vide voucher dated 20.11.1999. They next stated that they were competent to do so and there was no deficiency on their part.