N VENKANNA Vs. ANDHRA BANK

JUDGEMENT

(1.) -The de facto complainant N. Venkanna was operating a saving bank account No. 21162. A cheque book was issued to him but according to him it was lost. The O.P. Bank refused to issue him a duplicate cheque book. He withdrew an amount of Rs. 150 from the Bank on 21.12.1993 and Rs. 80 on 31.12.1993 by submitting withdrawal form. He issued a cheque for payment to self bearing No. 968266 dated 17.1.1994 for payment of Rs. 35,000 but the cheque was dishonoured for it was alleged that a sum of Rs. 34,000 had already been withdrawn by him on 12.1.1994 by using withdrawal form. The complainant claimed that he had not withdrawn Rs. 34,000 and he was not even present in Hyderabad City on that date. The signatures on the withdrawal form were forged. The complaint was filed through the Dilsukhnagar Consumers Council.

(2.) The opposite party/Bank resisted the claim on the ground that on presentation of the withdrawal form as well as the pass book, the amount was paid, signatures on the withdrawal form were tallied with his specimen signatures. There was no deficiency in service on the part of the Bank.

(3.) During the pendency of the case, the District Forum took three specimen signatures of the complainant and obtained opinion of the Director, Forensic Science Laboratory, Govt. of Andhara Pradesh, Hyderabad. According to the opinion of the expert, the admitted signatures and disputed signatures were of two different persons.