DENA BANK Vs. DINA RAM

JUDGEMENT

(1.) THE appellant is aggrieved of the order dated 26.4.1996 whereby it has been directed to refund a sum of Rs. 18,000/ - to the respondent from whose Savings Bank Account the said amount was allegedly withdrawn by unauthorized person.

(2.) THERE is no dispute that the respondent was having Saving Bank Account No. 6232 with the appellant Bank and the appellant Bank issued a pass book, as well as, cheque book consisting of twenty cheques. There is also no dispute that the respondent was having a balance of Rs. 2,740.55 p. in his account and deposited a sum of Rs. 16,000/ - in cash on 13.9.1993. When he visited the Bank on 31.1.1994 to withdraw a sum of Rs. 10,000/ -. He was shocked to know that some unauthorised person had withdrawn Rs. 15,000/ - and Rs. 3,000/ - from his Saving Bank Account on 5.11.1993 and 22.12.1993. When he brought this fact to the notice of the appellant Bank officials, it was revealed that on 5.11.1993 a person representing himself as Dina Ram and accompanied by Mr. Mange Lal came to the Bank and requested the counter clerk Mrs. Raj Kumari to issue him a loose leaft cheque since he did not have his cheque book with him at that time and required money urgently as his father was admitted in the hospital. However, on humanitatrian grounds, a loose leaf cheque was issued to the said person who withdrew a sum of Rs. 15,000/ - and again on 22.11.1993 a sum of Rs. 3,000/ - was withdrawan by the same person by loose leaf cheque. The officials of the appellant bank verified and tallied the signature of the said person on the cheque with those appearing in the account opening form. Officials took the plea that money was allowed to be withdrawn on the bona fide belief that the person withdrawing money was a real account holder.

(3.) WHILE allowing the complaint, the District Forum made observations that even it is believed that the amount of Rs. 15,000/ - was allowed to be withdrawn on humanitarian consideration, the appellant Bank has not cared to explain as to why another loose leaf cheque was issued to the same person on 22.12.1993 to enable him to withdraw another sum of Rs. 3,000/ - without presentation of the pass book. On the face of it, it not only amounts to deficiency in service but negligence on the part of the appellant Bank also as by allowing the withdrawal of Rs. 3,000/ - on 5.11.1993 as it cannot be deemed as a bona fide act particularly in view of the fact that on earlier occasion, a loose leaf cheque was given to a person who represented himself as Dina Ram though on humanitarian grounds that he required this money urgently as his father was in hospital. The earlier act of allowing a person to withdraw a sum of Rs. 15,000/ - after tallying the signature from the account opening form may be a bona fide act but subsequent act of the appellant officials cannot be taken as a bona fide act. It is a sheer case of not only negligence but carelessness too. As a matter of fact, the officials of the appellant Bank should have insisted on at least production of pass book in order to ensure that a person who is asking for loose leaf cheque was the actual person and particularly in view of the balance and the amount which was sought to be withdrawn.