M SIVANANDAM Vs. BRANCH MANAGER, STATE BANKOF INDIA

JUDGEMENT

(1.) Challenge in this Revision Petition under Sec. 21(b) of the Consumer Protection Act, 1986 (for short "the Act") is to the order dated 10.06.2014 passed by the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai (for short "the State Commission") in First Appeal No. 134 of 2010. By the impugned order the State Commission has dismissed the Appeal preferred by the Complainants and concurred with the findings of the District Consumer Disputes Redressal Forum, Chennai (North) (for short "the District Forum").

(2.) Briefly stated, the facts of the case are that the Complainants were having separate SB Accounts with the First Opposite Party (hereinafter referred to as "SBI") and on 23.01.2007 the First Complainant deposited an amount of Rs. 2,53,963.00. While so, on 08.02.2007 he came to know that an amount of Rs. 80,000.00 was withdrawn on 02.02.2007 by using forged signature withdrawal slip. Likewise, the Second Complainant came to know that an amount of Rs.40,000.00 and Rs. 25,000.00 were withdrawn on 29.01.2007 and 31.1.2007 once again by using a forged withdrawal slip and a sum of Rs. 30,000.00 was deposited on 02.02.2007. It is averred that even this amount was not actually deposited by the Second Complainant. When this fact was brought to the notice of SBI, the Complainants were asked to give a police complaint. The Complainants sent a letter dated 23.02.2007 to both the Opposite Parties by certificate of posting. Thereafter on 06.03.2007, the Complainants gave a Police Complaint on 14.03.2007 to Commissioner of Police, Egmore Chennai. Thereafter, on 29.03.2007, the Complainants sent a detailed letter by R.P.A.D. and called upon the SBI to recredit a sum of Rs. 1,45,000.00 withdrawn from the Complainants' account by way of his forged signatures. Since the Complainants did not receive any reply to their letters, a legal notice dated 12.04.2007 to re-credit a sum of Rs. 80,000.00 and Rs. 65,000.00 to the First and Second Complainants' accounts was issued. SBI replied vide letter dated 20.04.2007 denying all the allegations.

(3.) The Complainants sent a rejoinder dated 30.04.2007 that only when the Complainants presented the pass book for entry on 08.02.2007 did they come to know of the said transactions. In the Complaint, it was pleaded that the Second Complainant never signed the withdrawal slip used by the third party Mrs. R. Kala. The First Complainant also denied that the withdrawal slip was signed by him which were withdrawn by the third party Mr. C.Babu. The Complainants denied that they even knew the said Mrs. R. Kala and C. Babu. It was also stated that they had never handed over the pass book to any third party.