BADE KRISHNA VENI Vs. CANARA BANK

JUDGEMENT

(1.) The complainant and her mother, Smt. Bode Audamma, jointly deposited Rs. 22.000/- and Rs. 10,000/- in fixed deposit with the Canara Bank. Bode Audamma died on 29.6.1990. The complainant claims that she is entitled to the amount standing in the fixed deposit. The Bank is not paying the amount to the complainant even after the date of maturity.

(2.) The respondents' case is that the husband of the complainant, Bode Subbaramma Reddy, had taken a loan to purchase a lorry from the Bank. On 5.6.1984 a joint letter was written by the complainant and her mother authorizing the Bank to adjust the amount standing in the fixed. Deposit towards the loan account of the complainant's husband. The Bank adjusted the FDR amounts against loan account and filed a suit for the balance amount in the Court of Subordinate Judge, Kovur. Before the District Forum, the complainant contended that the Bank had taken the signature of the complainant and her husband, Boda Subbaramma Reddy on various blank papers at the time of obtaining of the lorry loan. It was further argued that the Bank's suit filed in the Court of Subordinate Judge, Kovur was dismissed on 28.11.1994. The District Forum examined the documents filed before it and found for a fact that the complainant had given authorization to the Bank to adjust the FDR amounts towards the lorry loan of her husband in writing. The writing were exhibited as part of the case of the Bank. The question as to whether the authorisation documents were signed by the complainant or not was not gone into by the District Forum. It was held that whether the complainant's signatures on the blank paper was forged or not or whether the complainant's husband had signed blank papers (Exhibit B- 2) were questions which could not decided by the District Forum in its summary jurisdiction. There were also other issues which could not properly examined by the District forum. The District Forum, therefore, dismissed the complaint with liberty to seek redress in the Civil Court. The State Commission, Andhra Pradesh, on appeal, agreed with and maintained the order passed by the District Forum.

(3.) We find infirmity in the order passed by the District forum. The fixed deposit made by the complainant and her mother were adjusted against the loan taken by the husband of the complainant on the authorization of the complainant and her mother. A suit for recovery of the balance amount of loan has already been filed by the Bank. The authorisation was in writing which was produced before the District Forum. Whether the documents are forged as alleged by the complainant will have to be decided by some other Forum.