PUNJAB NATIONAL BANK Vs. RAMA KANT YADAVA

JUDGEMENT

(1.) This appeal is directed against order dated 2nd April, 1993 passed by the District Forum, Bhojpur at Arrah in Complaint Case No.139 of 92 in which the appellants here were the opposite party and the respondent here was the complainant before the District Forum.

(2.) The facts of the case as put in by the complainant may be briefly stated. Ram Sagar Gowala who is in service in Singapore and is the father of the present complainant had Saving Fund Account No.2512 in the Punjab National Bank, Arrah. Ram Sagar Gowala has been making deposits in his that account and he withdrew Rs.2,000/- only from that account in 1971. In January, 1983 the complainant went to the opposite party Bank for getting the interest on the amount lying in the account of his father calculated and he learnt that Rs.14,000/- has been withdrawn from that account. According to the complainant this amount of Rs.14,000/- has not been withdrawn by his father and some body had withdrawn that amount by committing fraud. The complainant complained to the Bank Authorities for illegal withdrawal of the amount from his account and an information was lodged by the Regional Manager, P. N. B. , Arah Branch at the Arah Town Police Station on the basis of which Arah Town Police Case No.160 dated 7.7.84 was instituted. The police after investigation submitted final report in the case stating 'no clue' which was accepted by the C. J. M. and the case was dropped. Subsequent thereto the complainant filed this case before the District Forum, Bhojpur at Arrah claiming Rs.14/000/- from the opposite party-Punjab National Bank with interest thereon and compensation for the mental anguish suffered by him due to negligence and deficiency in service on the part of the opposite party.

(3.) The said withdrawal of Rs. l4,000/- was on the basis of three cheques purporting to have been issued by the account holder Ram Sagar Gowala on 6.2.82,27.2.82 and 31.3.82 respectively. The cheque dated 6.2.82 was in favour of self and for Rs.4,000/-. Cheques dated 27.2.82 and 31.3.82 were in favour of one Suresh Yadava and one Munna Yadava respectively for Rs.5,000/- each. It appears from the signatures on the back of these three cheques that the account holder Ram Sagar Gowala received the amount under the cheque dated 6.2.82 and the amount under the remaining two cheques were received by the respective payees mentioned therein. The case of the complainant is that these cheques were not issued by his father Ram Sagar Gowala.