R UDAYASANKER Vs. CHIEF MANAGER-CUM-DEPUTY MANGER

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 28.04.2011, passed by the Puducherry State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in First Appeal No. 13/2007, "Central Bank of India vs. R. Udayasanker", vide which, while allowing the appeal, the order dated 08.06.2007, passed by the District Forum Puducherry in consumer complaint No. 81/2005, filed by the present petitioner, allowing the said complaint, was set aside.

(2.) Briefly stated, the facts of the case are that the petitioner/complainant R. Udayasanker had been holding a savings bank account No. 12755 with the opposite party (OP)/respondent, Central Bank of India, for the past 9 years, at the time of making the consumer complaint in question in the year 2005. As stated in the complaint, the complainant had a balance of Rs. 71,626.50ps. in the said account as in February 2005. According to the complainant, he did not operate the said account by way of deposit or withdrawal of any money from February 2005 to September 2005. However, on 19.09.2005, when he wanted to withdraw some money out of that account, he found that he had misplaced the bank passbook for that account. When he approached the Bank for the withdrawal of the money, he was told that a sum of Rs. 1,048.50ps. only, was the outstanding balance in his account, although the complainant expected a balance of Rs. 71,626.50ps. in his account. The complainant was told that a sum of Rs. 56,000/- was withdrawn from his account on 23.03.2005 and a further sum of Rs. 15,000/- was withdrawn from the same account on 31.03.2005 by using two challans. Alleging that the challans dated 23.03.2005 and 31.03.2005 were presented to the Bank officials by some unauthorised persons, the complainant lodged a complaint on 21.09.2005 with the OP Bank, asking them to take necessary action for the illegal withdrawal from his account by means of those two challans. Later on, he issued a legal notice also to the Bank seeking payment of the money so withdrawn from his account alongwith a compensation of Rs. 50,000/-. The consumer complaint in question was then filed, seeking directions to the OP Bank to pay him a sum of Rs. 71,000/- alongwith interest @12% p.a. from the date of complaint till realisation and also for payment of cost of Rs. 5,000/- to the complainant.

(3.) The complaint was resisted by the OP Bank by filing their written reply before the District Forum, in which they admitted that the complainant had his savings bank account No. 12755 with them and there was a credit of Rs. 71,624.50ps. in that account as on 31.01.2005. The OP Bank maintained that the complainant had himself withdrawn sum of Rs. 56,000/- on 23.03.2005 and Rs. 15,000/- on 31.03.2005 through withdrawal slips by producing the savings bank account passbook. The said withdrawals were permitted after verifying his signatures with those of his specimen signatures maintained in the Bank. The Bank denied that there was any negligence on their part and requested that the complaint be dismissed.