STATE BANK OF INDIA Vs. AMAR KUMAR PREM

JUDGEMENT

(1.) ON the charge of deficiency in services the appellant -bank, vide impugned order dated 4.3.2000, has been directed to pay a sum of Rs. 5,000/ - towards damages for harassment and torture caused to the respondent besides a sum of Rs. 500/ - as cost of litigation, inasmuch as that a sum of Rs. 800/ - was withdrawn from the account of the respondent in the month of June 1998, allegedly without the authority of the respondent or without bearing the signatures of the respondent.

(2.) FEELING aggrieved the appellant Bank preferred this appeal and briefly the facts are, that the respondent was holding a Savings Bank account with the Laxmi Nagar Branch of the appellant Bank and on 1.7.1998 he came to know that his pass book was missing from his room and applied for a duplicate pass book. It was on receipt of the said duplicate pass book that he came to know that Rs. 800/ - had been withdrawn in the month of June 1998 from his account. Since he did not make this withdrawal he brought this matter to the notice of the concerned official of the Bank but they did not take any action. All his oral requests for taking action did not bear any fruit. Consequently the respondent filed a complaint before the District Forum claiming Rs. 10,000/ - as damages and Rs. 2,000/ - as cost of litigation besides the sum of Rs. 800/ -. The main premise on which the impugned order has been assailed is that the appellant has lodged the FIR at the instance of the respondent for fraudulent withdrawal of money from the account of the respondent.

(3.) THERE is no finding by the police as to the fraudulent withdrawal. The comparison of signatures of the account holder being maintained as well as on the withdrawal slip, shows variance to the extent that amount to deficiency in service, in not being vigilant and careful in verifying the signatures by way of comparison. It appears that concerned official did not take it seriously because of paltry amount involved. But at the same time the respondent cannot be allowed to suffer on account of such a lapse on the part of the official of the Bank.