ABDUL RAZAK Vs. SOUTH INDIAN BANK LTD

JUDGEMENT

(1.) PETITIONERS were the complainants before the District Forum. These two revision petitions have been filed by the petitioner aggrieved by the orders of the State Commission who set aside the orders of the District Forum allowing the complaint.

(2.) BRIEF facts of the case necessary to appreciate the case are that in both the cases before us the complainants had an account with the respondent Bank. In both cases as per complainants some other people requisitioned new cheque books and obtained them from the respondent, some cheque(s) from these books were used to draw large amounts from the complainant's account. Upon coming to know of negligible balance on presentation of cheques by the complainants they came to know of the fact of withdrawal(s) based on cheque books which they never obtained nor did they sign the cheques withdrawing the amounts. When they complained the matter to the respondent Bank and upon not getting any proper response/relief two separate complaints were filed before the District Forum who after hearing the parties allowed the complaints and directed the respondent Bank to pay back fraudulently withdrawn amounts with interest. On an appeal filed by the respondent Bank, the State Commission allowed the appeal setting aside the order of the District Forum and dismissed the complaint.

(3.) IN the light of above discussion we are unable to sustain the orders passed by the State Commission in the two appeals filed before it, hence, set aside. The orders of the District Forum are restored. The revision petitions are allowed. Parties to bear their own costs.