STATE BANK OF INDIA Vs. FRENNIE FITTER

JUDGEMENT

(1.) NOTWITHSTANDING the highly persuasive arguments advanced before us by Mr. A.V. Rangam, learned Advocate appearing on behalf of the Appellant, we see no reason at all to differ from the conclusion reached by the State Commission that there was deficiency in service on the part of the State Bank of India, Juhu-Tara Branch, in having allowed Mr. Minoo Fitter, to withdraw amounts from the accounts of the Complainants. Admittedly no written authorisation had been given to the Bank by the Complainant to permit the said Minoo Fitter to operate on their accounts.

(2.) THE fact that he may have possessed some power of attorney does not by itself justify the Bank's action in allowing him to withdraw the amounts from the accounts of the Complainant particularly when the State Commission has found that the cheque books issued to the Complainant by the Bank in respect of the accounts in question were in their possession only and were not with Mr. Fitter. The order of the State Commission, therefore, does not suffer from any illegality or error. In the circumstances we dismiss this appeal with costs which we fix at Rs. 2,000/-.