DHINENDRA NATH BASAK Vs. UCO BANK

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 24.7.2009 passed by the W.B. State Consumer Disputes Redressal Commission, Kolkata (in short, 'the State Commission') in Appeal No. 148 of 2009 Sri Dhirendra Nath Basak Vs. The Branch Manager, UCO Bank & Ors. by which, appeal filed by the complainant was dismissed and order of District Forum allowing complaint partly was upheld.

(2.) Brief facts of the case are that Complainant/Petitioner maintained Current A/c. with OP/respondent. Complainant went to withdraw Rs.10,000/- from his Account by a self-drawn cheque, he was informed that withdrawal cannot be permitted as complainant had no sufficient fund in the account. Complainant checked his Account and ascertained that there was sufficient balance in the Account. On request to OP, his Account was opened and it was found that Rs.2,33,000/- had been withdrawn from his Account by forged cheques on different dates. He approached to ombudsmen cell, but could not get relief. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that out of 23 cheques issued from 10.11.2001 to 8.7.2005 two cheques were drawn as self and 21 cheques were received by his closed relatives. It was further submitted that alleged fraud should have been brought to the notice of Police. It was further submitted that from 2001 to 2005, complainant must have finalized balance sheet of his firm and did not dispute aforesaid withdrawal; hence, there was no deficiency on the part of OP and prayed for dismissal of complaint. Learned District forum after hearing both the parties, allowed complaint partly and directed OP to pay Rs.25,000/- as compensation and Rs.10,000/- as cost of litigation. Appeal filed by the complainant was dismissed by learned State commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties and perused record.