SHUSHMA GOEL Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) This revision petition is filed under Section 21(b) of the Consumer Protection Act, 1986. As stated in the petition, the petitioner Sushma Goel, has been engaged in the business of share trading and is "an authorised agent of M/s.Bonanza Portfolio Ltd." She had filed a consumer complaint against the Punjab National bank in 2009, before the District Consumer Forum Haridwar.

(2.) The case of the complainant was that she had opened a current account with the RP/ Punjab National Bank, in the name of Bonanza Portfolio Ltd (herein after referred to as M/s.BPL). On 12 June 2008, when she got her passbook updated, she found that Rs. 2,35,000/-had been transferred from this account, through two cheques and deposited in the savings bank account of one Ranjit Singh on 11 June 2008. On the very next day, Ranjit Singh had withdrawn this entire amount, Rs. 2,00,000/- through a withdrawal form and Rupees 35,000 through the ATM. On enquiry, the complainant found that no person by the name Ranjit Singh resided on the address given nor had Mehar Singh introduced any Ranjit Singh to the bank, at the time of opening of an account in the name of the latter on 2 June 2008. District Forum allowed the complaint and held Punjab National bank liable to pay Rs.2,35,000/- to the complainant, with 9% interest from the date of the complaint.

(3.) In the appeal filed by the Punjab National bank, the State Consumer Disputes Redressal Commission, Uttrakhand, disagreed with the finding of the District Forum and set aside the consumer complaint itself. The Commission noted that a question had been raised by the Respondent Bank on the maintainability of the consumer complaint, on which no finding was given by the District Forum. Secondly, the commission observed that, if the case of the complainant was that the two cheques had been stolen, why was Bank not advised to stop payment on them. One of the cheques was dated 2.6.2008 and the other one 5.4.2008, the latter claimed to be of 5.1.2008 by the complainant.