CENTRAL BANK OF INDIA Vs. BUNIYADEVI CHAUHAN

JUDGEMENT

(1.) Heard Mr. O.P. Gaggar, Advocate, for the appellants and Mr. Abhilash Mohanti, Advocate, along with Dharmendra Chauhan, son of respondent-1. Respondent-2 filed his written reply in the appeal on 31/5/2017 but he did not appear at the time of arguments.

(2.) This appeal has been filed from the order of State Consumer Disputes Redressal Commission, Maharashtra dtd. 14/9/2016, passed in CC/37/2008, allowing the complainant and holding the appellants as guilty of committing deficiency in service and directing the opposite parties, jointly and severally to refund the amount of Rs.2528515.00 along with interest @6% per annum, from the date of its deposit, in the bank of the appellants till the date of its realization and awarding the compensation of Rs.2.00 lacs and cost of litigation of Rs.25000.00, payable within three months, to the complainant.

(3.) Smt. Buniyadevi Chauhan (respondent-1) filed CC/37/2008, for directing the appellants and respondent-2, jointly and severally to refund of Rs.2528515.00 and to pay compensation of Rs.10.00lacs. It has been stated in the complaint that Late Shambhunath Amrit Chauhan (the husband of the complainant) was working as the welder on the vessel PV HARMONY and holding Indian Passport No. E0683523, dtd. 8/1/2002, issued at Mumbai. He died in an accident during employment on 10/1/2003 at Tianjin Port, PR China. On his death, the claim for compensation was filed through Indian Embassy, Singapore against the employer i.e. Pan United Shipping PTE. Ltd., in which a compensation of Singapore $98315.76 was awarded. Out of the aforesaid compensation, the employer sent Singapore $94227.10, equivalent to US$55000/- to the legal heirs of the deceased namely Smt. Buniyadevi Chauhan, Dharmendra Chauhan, Ravindra Chauhan and Ms. Sneha Chauhan. Cheque No.80265 dtd. 1/6/2004 of US$55000/- was handed over to the complainant on 30/8/2004, from the office of the employer in Bombay, in presence of the complainant 's husband 's brother Gulabchandra Amrit Chauhan (opposite party-3). The complainant, having faith in Central Bank of India as it was a nationalized bank, approached its Branch opposite party-2, on 30/8/2004, for opening her Saving Bank Account, accomplished with her husband 's brother Gulabchandra Amrit Chauhan (opposite party-3) and her nephew Manoj Nebulai Chauhan, who insisted the complainant to open an account at this branch. The complainant specifically told the Branch Manager of her willingness of opening her Saving Bank Account, in that bank. Opposite Parties-2 and 3 took advantage of illiteracy of the complainant and took her thumb impression on a blank paper at her brother 's home. The complainant, who had faith in Opposite Parties-2 and 3, affixed her thumb impression on the blank paper. Opposite Party-2, instead of adopting the procedure for opening Saving Bank Account, took a letter dtd. 31/8/2004, from Opposite Party-3, for adding the name of the complainant, in his Saving Bank Account No.26589, opened on 12/12/1995 in that branch and without any investigation and identification of the complainant, added her name in the account of Opposite Party-3, on the same day, without following the Rules and Regulations of the Reserve Bank of India. The complainant bonafide believed that her Saving Bank Account was opened, in the branch, Opposite Party-2 and deposited her cheque No.80265 dtd. 1/6/2004 of US$55000/-. Thereafter, she went to her native place at village Karahi Pandey, district Deoria, U.P. and remained there from September, 2004 to 25/8/2005. The said cheque was deposited in Saving Bank Account No.26589, of Opposite Party-3 and credited in it and Opposite Party-3 has withdrawn almost all the amount, from this account. The complainant gave an application on 1/9/2005 to the Account Officer for seizing the debit transactions of the said joint account but nothing was done. The complainant made oral and written complaints to Zonal Office, at D.N. Road, Mumbai-400023 and Regional Office at Bandra Kurla Complex, Central Bank of India, on 23/8/2006. On which internal inquiry was held but the complainant did not receive any response. On the allegations, that the Branch Manager committed deficiency in service, inasmuch as, instead of opening separate Saving Bank Account of the complainant, he joined her name in Saving Bank Account No.26589, of Opposite Party-3, without following the procedure and guidelines of Reserve Bank of India and permitted Opposite Party-3 to withdraw almost entire money of the complainant, from this account, the complaint was filed on 7/3/2008, through Dharmendra S. Chauhan, her son and Power of Attorney, for refund of her amount and compensation.