SHEENAM RAHEJA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The present consumer complaint has been filed by the complainant under sec. 21 of the Consumer Protection Act, 1986 alleging deficiency in service on the part of the opposite party, i.e., the State Bank of Patiala (in short, 'the Bank').

(2.) The facts, in brief, as per the complainant, are that the complainant was maintaining a saving's bank (SB) account no.10001670775 (old no. 01190008706) with Pusa Road Branch (previously at Rajendra Place) New Delhi of the opposite party Bank. The complainant states that she got married on 15/4/2000 and soon after that left for USA and visited India only occasionally. On 27/1/2009, when she visited the Branch of the opposite party at Pusa Road to operate her saving's bank account. She was shocked to note that there was a meager balance of Rs.10,223.43 in the SB account and that in her absence the said bank account had been operated frequently and unauthorisedly and a substantial amount withdrawn illegally. The complainant directed the Bank to stop the operation of the said SB Account and requested for a statement of account and inspection of cheques. It is stated that the opposite party failed to provide complete information about the operation of the Bank account of the complainant by 27/1/2009. As advised by the Bank, the complainant applied for the relevant copies of the documents pertaining to her SB Account. She also applied for the inspection of the documents. The complainant alleges that the account was misused by certain persons of the bank under the forged signature of the complainant. The complainant states that though cheque leaves were made available to her, the cheques contain forged signatures of the complainant. During the period of the alleged transactions, the complainant was in USA. The complainant further states that on coming to know about the irregularities in the operation of the said bank account she sought information from the Bank. However, the Bank delayed disclosing the account information and was harassed in her attempts to obtain details. The complainant further alleges that the Bank issued two cheque books under the forged signatures of the complainant, including one containing leaves from 306841 to 306860 which was delivered on 12/5/2006. The opposite party was aware that the complainant was at USA. The complainant states that the opposite party Bank issued two cheque books under forged signatures of the complainant and also allowed unauthorised persons to withdraw amounts based upon said cheque leaves. She also alleges that the bank failed to provide the particulars of the second cheque book which was delivered in her absence. The complainant further alleges that the opposite party fraudulently transferred an amount of Rs.50,000.00 in favour of one Smt Anju Wadhwa. Due to this fraudulent act and cheating of the opposite party Bank, the complainant has suffered severe financial loss, harassment, and mental and physical torture.

(3.) On coming to know about the misdeeds committed by the opposite party/Bank, the complainant lodged FIR no.164 of 2009 with the Economic Offences Wing (EOW), Crime Branch, New Delhi which matter is still pending. The complainant alleges that the opposite party fraudulently withdrew an amount of Rs.1,26,43,000.00 from her SB Account. Hence, the complainant has filed this present consumer complaint before this Commission with the following prayer: