(1.) Order dated 22.5.2008 passed by the State Commission in CC No.09/2005 filed by the complainant has been challenged by the complainant as well as by the OP, Punjab National Bank by filing FA No.472 of 2009 and FA No. 267 of 2008 respectively.
(2.) The facts of the case are that the complainant was holding three accounts with the OP bank being account no.26964 held by Madhu Gaur (Wife) and Prof. Krishan Deo Gaur, Account No.57539 held by Ritu Gaur (daughter ) and Prof. Krishan Deo Gaur and A/c no. 58732 in the name of Anshoo Gaur (son) and Prof. Krishan Deo Gaur. Complainant alongwith wife went to US on 16.3.2005 and returned on 18.6.2005. Son and daughter of the complainant also reside in US. All the three accounts were being operated by the complainant himself. After coming back from America, the complainant realized that various cheques totalling (14 nos.) have been encashed from the bank from different branches whereas the complainant alleged that he did not issue any cheque. All the cheques have been issued in the name of self. The following are the details of cheques withdrawn from different accounts.
(3.) Apart from the above fraudulent withdrawal of cheques, the complainant also found that the fixed deposit receipt which was amounting to Rs.2,50,000/- in the name of complainant and his wife which was maturing on 2.5.2005 was fraudulently encashed prematurely and the proceeds were deposited in the Account No.26964 which was held by Madhu Gaur and Prof. Krishan Deo Gaur. The complaint was filed for reimbursement of Rs.4,44,800/- which was fraudulently withdrawn through cheques by some unknown person in connivance with the bank officials.