HDFC BANK LTD Vs. GOLOKE DUTT

JUDGEMENT

(1.) This order shall decide the two above mentioned revision petitions which arise out of two different cheques pertaining to Goloke Dutt, the complainant. Somnath Mitra, complainant's own employee withdrew an amount of Rs.81,538/- and Rs.1,38,115/- from current account of the complainant by forging his signatures. When it came to light, the complainant lodged a FIR with the police on 30.12.2006. The Complainant filed two separate complaints against the HDFC Bank Ltd, Petitioner/ OP in this case, before the District Forum, praying that OP be directed to pay a sum of Rs.85,138/- and Rs.1,38,115/-, respectively, with interest and Rs.2,00,000/- each, towards compensation.

(2.) The main defence set up by the OP/petitioner was that the misappropriation of funds was conducted by his employee and the matter should be investigated by a criminal court. OP also contended that the complaint was filed before the District Forum in the month of August, 2008, whereas the cause of action arose prior to the elapse of two years. Consequently, the case is barred by time.

(3.) The District Forum vide its orders dated 26.10.2010 and 28.10.2010 allowed both the complaints, compensation in the sum of Rs.85,138/- and Rs.1,38,115/- in respect of six cheques described in the petition of complaint was granted. Compensation in the sum of Rs.25,000/- and litigation costs of Rs.5,000/- was granted, total being Rs.1,68,115/- was ordered to be paid within 45 days from the date of communication of that order, failing which it will carry interest @ 10% p.a., till full realization.