G R SINGH Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) This is a complainant's appeal against the order dated 20.10.2003 passed by the District Forum, Haridwar whereby the opposite party was directed to pay the deposit amount of Rs.10,000/- to the complainant along with interest @ 12% and also to pay a cost of Rs.1,000/-.

(2.) The brief facts of the case are that the complainants have their saving account No.444 in the opposite party, Bank. In the said account, there was a balance of Rs.34,399/- on 22.9.2000, the entry of which has been done in the passbook issued by the opposite party. On 22.9.2000, the complainants were informed of the embezzlement by the officials of the bank in the money of the account holders. The opposite party asked the complainants to get their passbook tallied with the ledger of the Bank and the complainants immediately got their passbook tallied with the ledger. On tallying the passbook with the ledger, they could know that a sum of Rs.10,000/- deposited by them on 9.9.1999 and a further sum of Rs.10,000/- deposited by them on 10.3.2000 has not been entered by the officials of the Bank in the ledger, although the entry of the same has been made in the passbook. The complainants and other account holders in whom accounts there was embezzlement requested the Bank and the asked the Bank that they are going to take legal action against the alleged officials of the Bank and the Bank assured to return the money of the account holders along with interest. On 9.11.2000 the officials of the Bank assured the complainants and other account holders that the inquiry is going on and the report has been lodged in the police station against the alleged official and they again assured to return the amount of the account holders. But even after 2 years the amount of Rs.20,000/- has not been paid to the complainants nor any assurance has been given regarding the payment of the said amount. The opposite party is liable to pay the amount of the complainants. The alleged act of the opposite party is criminal breach of trust and unfair trade practice. The complainants have made a complaint to the Finance Ministry and the senior officers of the Bank. The complainants also grave a notice to the Bank through their Advocate but the Bank neither paid the amount of the complainants nor gave the reply of the notice. Then the complaint was filed.

(3.) The opposite party, Bank filed written statement and alleged that of the said account of the complainants no service charges have been charged nor any demand has been made. The complaint of the complainants does not come within the purview of Consumer Protection Act, 1986 and it is not legally maintainable. No cause of action has arisen in favour of the complainants to file the present complaint. According to the records of the Bank, no transaction has been made of the disputed amount in the said account of the complainants and if transaction would have been made, the same would have been entered in Saving Fund Sheet. This shows no entry has been made of the said amount and according to the record of the Bank, there was a balance of Rs.14,820/- in the account of the complainants, which is right and actual balance of their accounts. They have lodged a FIR before the CBI, Dehradun on 19.7.2001 for embezzlement of the accounts against Sh. Manmohan Puri (Bank Clerk-cum-Cashier) and the investigation is pending with the CBI, Dehradun. It is further alleged that CBI, Dehradun vide their letter dated 7.12.2001 asked for the original ledger sheet, etc. for investigation from the Bank and the Senior Manager of the Bank has given them all the said documents and they are with the CBI. As the investigation is going on by CBI and as such till the completion of the investigation and handing over of the documents by the CBI, no decision can be taken. It further said that the complaint is liable to be dismissed.