STATE BANK OF SAURASHTRA Vs. RAMILABEN AMRUTLAL SONI

JUDGEMENT

(1.) This is an appeal by State Bank of Saurashtra, Main Branch, Surendranagar against the order of the Surendranagar District Forum in Complaint No.14 of 91 dated 12.8.1991. The learned Judge has allowed the complaint of the opposite party and has passed an order directing the present appellants to pay an amount of Rs.18,055/- together with interest @ 6% p. a. from the day the amounts are shown to have been credited in the pass book and Rs.200/- by way of cost

(2.) The Law Officer of the appellant made two submissions that the complaint filed before the District Forum was in respect of the payment of Rs.18,055/- paid by the father of Shri I. M. Khokhar, the employee of the Bank. The complainant in para 3 has clearly averred that she had deposited an amount of Rs.18,055/- in her account but the said amount has not been credited by the Bank in its ledger account and on enquiry she found that one bank employee Mr. Khokhar has mis-appropriated that amount and on enquiry with Mr. Khokhar she came to know that the mis-appropriated amount of Rs.18,055/- has been returned by Mr. Khokhar to be deposited in her account. The Bank having failed to deposite the said amount the complainant (Respondent) has prayed that the Bank may be directed to deposit Rs.18,055/- in her account with running interest 18% from the date the said amount was received by the Bank. The Bank has filed its written statement and stated that the father of Shri I. M. Khokhar, Shri Mohammad Khokhar has deposited the said amount with the Bank and not in the savings Bank account of the petitioner and by letter dated 24.7.89 has requested the Bank to return the amount (copy of the letter was also enclosed) and in these circumstances it was not possible for the Bank to credit this amount in the account of the complainant.

(3.) As stated above the complainant has prayed for the return of the amount paid by the father of Shri I. M. Khokhar who is employee of the Bank.