VIJAY SINGH vs ALLAHABAD BANK

THIS appeal is by the complainant against order dated 13.6.1994 of District Consumer Forum, Agra in Complaint Case No. 1000 of 1992. By this order the complaint has been dismissed.

THE case of the complainant before the District Forum was that he had a Savings Bank Account No. 2/189 with the respondent Allahabad Bank from which a sum of Rs. 375 / was debited by the Bank without any authority and without any permission from the appellant. Also, that by an order dated 31.11.1992 the Bank stopped the operation of the complainant''s Ac count for no reason whatsoever and without giving any intimation about it to the complain ant. The order of the District Forum shows that in support of the plea put forward in the complaint the appellant had filed affidavit as well as some documentary evidence including a letter from one Sri Arun Kumar, who had a Savings Bank Account No. 66/74 with the same Branch of the Bank saying that he had no suspicion at all about the complainant appellant having to withdraw any amount from his Savings Bank Account. This evidence, according to Sri Khan, learned Counsel for the appellant has not been considered at all by the District Forum.

A perusal of the order of the District Forum shows that in its written Statement the respondent Bank had taken the plea that it had some doubt about the authenticity of the signature and the writing on some Withdrawal Forms under which an amount was attempted to be withdrawn from the Savings Bank of Arun Kumar. In order to remove its doubt the Bank got the Withdrawal Forms examined by a Hand Writing Expert, who opined that both the Withdrawal Forms had been filled in by the same person. After this the Bank apportioned the fee paid to the Hand Writing Expert equally between the complainant and Arun Kumar and debited a sum of Rs. 375/ to each of the two Accounts. The plea also was that the Bank had not stopped the operation of the Bank Account of the complainant but had only asked the complainant to retain at least a sum of Rs. 5,000/ in it. The order of the District Forum also shows that no evidence either in the form of an affidavit or by way of documents was filed by the Bank. However, in view of the allegations made in the Written Statement the District Forum found that there was no deficiency in service on the part of the Bank and dismissed the complaint.

THE approach of the District Forum in the matter is not correct. Firstly, the facts stated on behalf of the Bank in its Written Statement were not proved by filing any evidence before the District Forum. Also, the District Forum failed to consider at all the evidence, which was filed in support of his case by the complainant appellant which should have been done by it before coming to any conclusion in the matter. We are, therefore, of the opinion that the order passed by the District Forum cannot be sustained and deserves to be set aside. We have refrained from making any observation about the merits of the case put forward by the parties lest they may cause prejudice to them when the matter is re considered by the District Forum as we are inclined to direct.

THE appeal is allowed and the order under challenge is set aside. The case is sent back to the District Forum for re consideration in accordance with law, after notice to the parties expeditiously. Let a copy of this order be made available to the learned Counsel for the appellant and sent to the respondent as well as the District Forum by post as per rules within three weeks from today. Appeal allowed.