Complaints filed on: 06-08-2020

                                                      Disposed on: 26-08-2022

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU

          DATED THIS THE 26^th DAY OF AUGUST 2022

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER

SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER

CC.No.38/2020

Puttahanumaiah S/o Hanumanthaiah,

Aged about 70 years,

R/at Thirumalapalya, C.T.Kere Post,

Kora Hobli, Tumakuru Taluk.

……….Complainant

 (By Sri.B.C.Shivakumar., Advocate)

V/s

1.       The Branch Manager,

          State Bank of India

          Yellapura Branch,

          Tellapura (40793), No.19/3,

          Tumakuru-Madhugiri Road,

2.       The Divisional Manager,

          State Bank of India,

          Tumakuru Main Branch,

          Tumakuru.

……….Opposite Party

(By Sri.G.S.Ramasesha,, Advocate)

: O R D E R:

SMT.G.T.VIJAYALAKSHMI, PRESIDENT

This complaint is filed against the OP with a prayer to direct the OP to pay Rs.2,70,000/- along with interest at the rate of 18% p.a. from the date of misuse of S.B. Account till realization.

2.       The brief facts of the case are as under:-

          The complainant is the retired teacher having his S.B. Account bearing No.64079982137 with OP/Bank and his pension being remitted to the said account every month. The complainant further submitted that the officials of the OP’s Bank have drawn the amount from his account on various dates without his knowledge or consent.   It is further contended that Rs.50,000/- was withdrawn by cheque and paid self, but the complainant had never issued any cheque as mentioned above to anybody or withdrawn the above said amount of Rs.50,000/- or any amount and hence the said cheque was also forged one by the persons who have withdrawn the amount, therefore the complainant has not withdrawn an amount of Rs.2,70,000/- from the OP No.1.  Therefore, the said amount of Rs.2,70,000/- was misused in the bank of OP No.1.     

2(a)   The complainant further submitted that he came to know the said misuse very recently in the month of November 2019 and subsequently he orally requested the OP to return the said amount, for that the OP intimated the complainant that they will verify the same and will repay the above said amount.  But the OP No.1 did not adhere to his words.  Hence, with no other alternative, filed this complaint.

3.       After service of notice, the OP Nos. 1 & 2 appeared through their counsels and filed versions, wherein they have contended that neither complaint is maintainable in law nor sustainable on facts, hence the same is liable to be dismissed in limine as the complaint filed beyond the limitation period. It is further contended that without the pensioner coming with passbook, no other person is entertained to draw the amounts through any other person.  The Petitioner is expected to furnish life certificate every year during the months of October-November.  It is further contended that the OP No.1 Bank officials have drawn the amount from the account of the complainant on various dates as mentioned therein without the knowledge or consent of the complainant and without any authority is totally baseless.  The allegations made in Para 6 & 7 are totally false and the same are denied.  The Photostat copies of withdrawal forms are all herewith produced to establish that the complainant himself has withdrawn the alleged amounts on different dates as mentioned by him in the complaint.  Hence, there is no deficiency of service on their side and prays to dismiss the complaint.     

4.       The complainant has filed his affidavit evidence.  Smt. Latha .S, Manager of OP No.1 has filed affidavit evidence on behalf of OPs. The complainant marked the document at Ex.P1 and the OPs marked the document at Ex.D1 & D2.

5.  Both side counsels filed written arguments and submit that their written arguments may be taken as oral arguments. 

 1)                   Whether there is any deficiency in service on the part of OPs?

2)                     Whether complainant has entitled for reliefs sought for?

6.       Our findings to the aforesaid points are as under:

Point No.1: In the Negative

Point No.2: As per the final order

:REASONS:

7.       It is an admitted fact that the complainant is the retired Teacher, having S.B. Account in OP No.1/Bank and S.B. Account No.64079983137.  Every month, the pension is remitted to the above said S.B. Account. 

8.       The main allegation of the complainant is that, the OP No.1 Bank officials have drawn the amount from the S.B. Account of the complainant on various dates without the knowledge of the complainant and without any authority and also cheque No.00065961 for Rs.50,000/- forged one by the persons who have withdrawn the below amount.

9.       Further, the complainant contended that, he came to know the withdrawal of money only in the month of November-2019 and intimated to the OP No.1 regarding misuse of the amount shown in the above Table.  The OP No.1/Bank had intimated the complainant that they will verify and rectify the same and repay the sum of Rs.2,70,000/-.  But later they refused the repayment. 

10.     The OP No.1/Bank contended that, the complainant being a Pensioner without coming with the passbook, no other person will be entertained to draw the amount by withdrawal form and he is expected to furnish Life Certificate every year during the month of October-November.

11.     To prove his case, the complainant produced only pass-book copy entries from 25.02.2016 to 27.05.2020.  The OP No.1 Bank also produced pass book copy entries from 01.04.2016 to 31.03.2019 and Bank copies with the withdrawal forms submitted by the complainant to the OP No.1/Bank dated:14/12/2017, 26/04/2018, 19/05/2017, 27/09/2016, 16/11/2017, 17/04/2018, 05/05/2017, 07/09/2016, 02/06/2017, 29/01/2018 and 18/10/2016, copy of cheque bearing No.00065961, Dt:  27/06/2019.

12.     On perusal of the above pass book entries submitted by complainant and OP No.1/Bank from 25/02/2016 to 27/05/2020, the complainant himself withdraw the money through withdrawal form on various dates as mentioned below.

 13.    But complainant disputed only few withdrawals.  To support his allegations, the complainant has not produced any evidence to show that OP No.1/Bank officials withdraw the amount from his account.   Even the complainant never complained to the Manager regarding alleged withdrawal of amount through withdrawal forms and cheque No.00065961 dated:27.06.2019 in writing.  Without the pass book, the withdrawal forms are not given to the complainant.  On every withdrawal of amount, the complainant has an opportunity to verify the balance of amount in his S.B. Account and also an opportunity to verify the balance of amount, when he submitted the Life Certificate in the month of November/December every year.  From 25/02/2016 to 2019, the complainant has withdrawn the amount 42 times through withdrawal forms and disputed only 16 withdrawals on different dates.  The complainant has not disputed the signature in the withdrawal forms submitted by the OP/Bank.  So mere allegation is not sufficient to prove the case.  Therefore, in view of the above facts and circumstances, we hold that the complainant failed to prove the deficiency in service on the part of OP1/Bank.  Hence, complaint is liable to be dismissed.  Accordingly, we proceed to pass the following:-  

:O R D E R:

The complaint filed by the complainant is dismissed.  No orders as to costs. 

          Furnish the copy of order to the complainants and opposite parties at free of cost.