STATE BANK OF INDIA Vs. KAMALENDRA PRATAP SINGH

JUDGEMENT

(1.) - This is an appeal against the judgment and order dated 4.12.1997 passed by District Consumer Forum, Firozabad in Complaint Case No. 11/95.

(2.) Mr. A.K. Tiwari, assisted by Mrs. Usha Jain, learned Counsel for appellant and Mr. S.K. Srivastava, learned Counsel for respondent have been heard and the entire record has been examined.

(3.) Mrs. Jain has argued that taking the complaint as a whole no consumer dispute is made out. It was further argued that the basis of the right by the complainant is on the basis of unregistered Will deed which has no legal value. The original account holder of account No. 10570 made a complaint by letter dated 29.8.1986 that some of relatives had withdrawn Rs. 53,000 after making forged signature. In the instant case there is no denial of unregistered Will deed and by it no legal right accrued to complainant. Over and above the Will operates only after the death of account holder Mr. Sovaran Singh who himself lodged a complaint with State Bank of India that some of his relatives has taken out Rs. 53,000 from his account by playing fraud. It is admitted to the complainant that a sum of Rs. 53,000 has been taken out.