BANK OF INDIA Vs. MAHILA DAIRY VIKAS PARIYOJANA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 9.2.2000 passed by District Forum, Almorha in Complaint Case No.44/99.

(2.) The facts of the case stated in brief are that the complainant filed this complaint for recovery of Rs.4,68,015/- and for a sum of Rs.25,000/- as compensation. It is alleged by the complainant that the complainant is a sister concern of State Milk Development Department and is doing work in all the Districts of Uttaranchal. Their main office is in Almorah. It keeps account in one of the nationalised bank for the amount which is given to it as grant etc. The cheques and drafts are also issued by different agencies. The complainant contacted opposite party, Bank of India, Almorah Branch for opening an account and to give all the facilities which are available. On this assurance a savings bank account was opened and a letter incorporating the terms was given to the complainant. This account was opened on 15.4.1994, the number of which was 4808. The facilities which were available were that the drafts shall be prepared without any charges and the interest which is granted on savings bank account shall also be given.

(3.) Complainant used to deposit amounts in the Bank and the interest was given to it. On 24.7.1997 a sum of Rs.4,43,701/- was deducted from the savings bank account of the complainant without any prior information to the complainant. When the complaint was made to the opposite party, it was stated that during the audit, this fact has come to the notice on account of which this much amount has been debited. On checking the account, it was found that the amount which was given as commission on preparation of the bank drafts was withdrawn and the amount chargeable on that account was deducted from the account of the savings bank account. The complainant made a complaint to the Bank and thereafter issued notices dated 1.2.1999 and 15.4.1999 but with no effect. Thus in this way a sum of Rs.4,43,701/- has been deducted from the account of the complainant which is against the norms of the contract.