D.KARFORMA, S.MAJUMDAR
MITALI SAHA AND MAYA SAHA – Appellant
Versus
ANZ GRINDLAYS BANK – Respondent
Mr. D. Karforma, Member—This is an appeal against the order of the Forum dated 31.1.2000 passed by the District Forum at Barasat. The facts of the matter are briefly stated below :
2. One Shri Amarnath Saha, father of appellant No. 1 (complainant No. 2) had a Savings Bank Account with ANZ Grindlays Bank, Salt Lake Branch. Initially, the account was in the single name of Shri Amarnath Saha, but later on 16.1.1998 it was converted into a joint account with appellant No. 1 as joint holder, with the mandate for operation as “either or survivor”. Additionally, Shri Saha had an ATM Card in his name only for accessing the S.B. Account. Shri Saha suddenly died on 21.10.1998 and thereafter the appellant No. 2 advised the Bank on 29.12.1998 about the death of Shri Saha and also asked the Bank to stop payment from the account. However, subsequently, when the Bank furnished the statement of accounts it was found that between 22.12.1998 and 6.1.1999 there were withdrawals from the account through ATM resulting in an overdraft of Rs. 12,453/-. The complainants alleged deficiency of service on the part of the Bank inasmuch as the drawals after the death of Shri Saha were unauthorised and unwa
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