KUSUM DEVI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE principal question which falls for consideration is whether wife is liable for the loan advanced to her deceased husband?. The facts of this case are these. Smt. Kusum Devi, complainant in this case, is the wife of late Shri Sunil Singh. Her husband died on 10.9.2008. Smt. Kusum Devi opened a saving bank account six months after the death of her husband with the State Bank of India, Telchar. The bank debited the entire amount in the sum of Rs. 3,83,000 from the saving bank account of Smt. Kusum Devi without authorization on the pretext that her husband had taken personal loan. The complainant was not aware of any such loan. She was not a co -borrower in the loan agreement. She never stood guarantor for her husband.

(2.) CONSEQUENTLY , she filed a complaint before the District Forum on the ground that the opposite party had committed deficiency in service and she was entitled to the above said amount with interest @ 23% p.a. and further claimed compensation in the sum of Rs. 4,50,000 towards mental torture and harassment.

(3.) THE District Forum allowed the complaint but the State Commission reversed that order. Smt. Kusum Rani has filed the present revision petition.