CENTRAL BANK OF INDIA Vs. KRISHNA POTDAR

JUDGEMENT

(1.) THIS appeal has been preferred feeling aggrieved by order passed by District Consumer Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short) in complaint case No. 354/06 in 11.4.2007, whereby the appellant/bank has been ordered to pay Rs. 4,00,000 along with interest @ Rs. 9% p.a. to the complainant/respondent and compensation of Rs. 5,000 with cost of litigation Rs. 2,000.

(2.) AS per complaint preferred by the respondent before District Forum she is an account holder of Saving Bank A/c. in the appellant/bank and was having deposited Rs. 5,65,983.65 in that account. At the relevant time her pension was also used to be deposited in the same account. She came to know that an amount of Rs. 4,00,000 had been withdrawn from her account, after getting this knowledge she made complaint before Bank Officers. Bank authorities informed her that she made an application for issuance of a cheque book and thereafter issued 2 cheques of amount of Rs. 2,00,000 each and had withdrawn Rs. 4,00,000 herself from the account. She reported the matter to the police saying that she never applied for any cheque book nor she had withdrawn the amount from her bank account. Thereafter, she filed a complaint before the District Forum alleging the same facts and stated that someone has committed cheating and forgery, prepared false application in her name and then bank officers issued cheque book to some unknown person who had withdrawn that amount.

(3.) WHEREAS stand of appellant bank before District Forum was that the respondent herself had applied for cheque book and then issued cheques. Cheques were bearing her signatures and that is why payment was made. It has also been averred that the facts stated in the complaint alleging cheating the forgery, etc. are complicated questions of facts and law and such questions are required adjudication by Civil Court and not by Consumer Fora.