ZILA SAHKARI KENDRIYA BANK MARYADIT Vs. MANGALCHAND BAFNA

JUDGEMENT

(1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 29.11.1999 in Complaint No. 3/1998 by District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called the District Forum for short) directing the appellant bank to refund to the complainant Rs. 1,81,700/ - with interest @ 12% p.a. as also to pay compensation of Rs. 5,000/ - and Rs. 500/ - as cost of the complaint.

(2.) INDISPUTABLY the complainant/respondent has a savings bank account No. 26 with appellant No. 3 Bank. The complainant averred that Rs. 1,81,700/ - were in balance in his above account on 7.2.1996 but he was not permitted to withdraw Rs. 20,000/ - from the said account on 22.10.1997 by the appellant No. 3 Bank who intimated him that there was a balance of Rs. 1,893.94 p. only in the said account. The complainant averred that he was entitled to get the amount of Rs. 1,81,700/ - which was in balance in his account. It was contended that the appellants were bound to refund the said amount. He, therefore, claimed the said amount with interest and compensation.

(3.) APPELLANTS resisted the complaint. In substance it was averred by them that the complainant/respondent had multiple personal money transactions with Agnu Ram Maravi, the then Lamps Manager, of appellant No. 3 Bank. It was further averred that the said Agnu Ram Maravi had borrowed in his personal capacity Rs. 40,000/ - from the complainant and in consideration thereof the complainant forcibly got credit entry of Rs. 1,80,000/ - made in his pass book from Agnu Ram Maravi. It was further averred that only Rs. 1,893.94p. were in balance in the account of the complainant on 7.2.1996 and, therefore, he was not permitted to withdraw the amount of Rs. 20,000/ - as desired by him.