PRATIBHA PRATISTHAN Vs. ALLAHABAD BANK

JUDGEMENT

(1.) In both the aforesaid matters contents, contentions and defences are similar. Hence, both the matters are disposed of by this common judgment.

(2.) The main question involved in these two complaints is : Whether a bank is liable to reimburse the Complainant(s), (Pratibha Pratisthan Trust & Trustees) in case the Complainants and their authorised representative themselves are party to the fraud committed in collusion with the employees of the banks ?

(3.) In our view, in case of fraud committed by the trustees and its authorised representative in connivance with the officers of the bank, the complaint filed by them, at least, under the Consumer Protection Act, 1986, is not required to be dealt with. Further, the persons who are party to the fraud are not entitled to get equitable relief from this Commission, under the Act.