KARNATAKA BANK LIMITED Vs. SACHIYA TRAVELLERS PVT LTD

JUDGEMENT

(1.) THIS appeal has been filed by the appellant under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 1986 Act ) against the order dated 27.9.2000 passed by the learned District Forum, Jaipur II, Jaipur, whereby the complaint of the complainant -respondent was allowed and the appellant was directed to pay a sum of Rs. 92,000/ - to the respondent, together with interest and cost of litigation.

(2.) THE brief facts giving rise to this appeal are that the complainant -respondent had opened a Bank account with the appellant. On 21.11.1998, the appellant checked his Bank account and found that an amount of Rs. 92,000/ - was withdrawn from it on 19.11.1998 by an unauthorised person on the basis of a forged cheque which was stolen from his office. The complainant -respondent has alleged that the appellant Bank did not take due care and caution which was deficiency of service on their part. The complainant -respondent accordingly submitted a complaint in the learned District Forum for recovering the amount from the appellant Bank together with damages on account of mental agony and cost of litigation.

(3.) THE appellant replied that the appellant had authorised his accountant Shri Ram Singh to take the amount from the bank and that the cheque in question was presented by the said Ram Singh which was paid by the appellant Bank after taking care and after following the Banking procedure. After this Shri Deepak Mehta, Director of the respondent came to the Bank and informed the Bank that the said Ram Singh had not deposited the amount with the appellant and the appellant Bank advised the respondent to lodge an FIR with the police. On this, the respondent lodged an FIR with the police. The appellant bank maintained that as the payment has been taken by the agent of the respondent, the Bank is not at fault.