STATE BANK OF INDIA Vs. SHEO KUMAR SHARMA

JUDGEMENT

(1.) These two Revision Petitions, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act") have been preferred by State Bank of India (for short "the Bank") and one of its Customers' against order, dated 19.02.2009, passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh (for short "the State Commission") in Appeal Nos. 2450/SC/04 & 127/SC/05. The State Commission has affirmed order dated 30.11.2004 passed by the District Consumer Disputes Redressal Forum, Gorakhpur (for short "the District Forum") in CC No 429/2002, whereby the District Forum had directed the Bank to refund a sum of Rs. 2,71,800/- to the Complainant, being the amount credited in his savings Bank account from time to time. However, the quantum of the amount, so payable, has been reduced by the State Commission.

(2.) The Complainant was maintaining a Savings Bank Account No. 01190025039 with the Bank, at its Branch at Railway Colony, Gorakhpur, UP, in his name to be operated singly. He used to deposit in this account his pensionary benefits. A pass book and cheque book were issued to him as per the normal practice. In the month of December 2000, the Complainant informed the Bank that a sum of Rs. 2,71,800/- had been fraudulently withdrawn from his account between the period from 09.03.2000 to 07.12.2000, by means of nineteen cheques. He claimed that during this period he was staying in Delhi with his son due to an accident and wedding. It was alleged that the cheques used for withdrawal of the said amount were not issued from the cheque book supplied to him nor did he sign any of these cheques. A complaint, alleging cheating, was also lodged by him with the police. Investigations conducted by the police and the Bank revealed involvement of the Branch Manager and one Vishal Srivastava. It transpired that two cheque books for his account were issued to one Krishan Kant Sharma. The first cheque book was issued on an application and the second one on the requisition slip of the first cheque book. However, the requisition application in relation to the first cheque book was not found in the records of the Bank.

(3.) All his efforts to get the said amount reimbursed were unsuccessful. Therefore, alleging deficiency in service, he filed complaint against the Bank, praying for a direction to the Bank to pay to him a sum of Rs. 2,71,960/-, the amount withdrawn from his account along with Rs. 50,000/- and Rs. 3,500/- as compensation for harassment and as costs respectively.