BHURE KHAN Vs. UCO BANK

JUDGEMENT

(1.) -Petitioner was the complainant before the District Forum where he had filed a complaint alleging deficiency in service on the part of respondent Bank.

(2.) Briefly the facts of the case are that the petitioner had opened an account with the respondent Bank. It had a credit of Rs. 76,000/- on 14.4.2001. When the petitioner wanted to withdraw Rs. 75,000/- from his account, it was not permitted on the ground that the petitioner had taken a loan of Rs. 35,000/- which has not been returned with interest, hence had been taken out from the deposited amount. The petitioner contested that he had taken no such loan and never got Rs. 35,000/-, thus alleging deficiency on the part of the Bank, a complaint was filed before the District Forum who allowed the complaint after hearing the parties. On an appeal filed by the respondent Bank, the State Commission allowed the appeal and remanded the case back to the District Forum for fresh hearing and recording expert evidences on the point of signatures of the petitioners in the loan documents or otherwise. Aggrieved by this order petitioner has filed this revision petition.

(3.) We have perused the written arguments filed by the petitioner. He has tried to rely on the judgment of Hon'ble Supreme Court in AIR 1979 SC 14, wherein it was held that comparison of the signatures can be made by the Court/Judge themselves. State Commission has erred in remanding the case and not comparing the signature themselves as had been done by the District Forum.