IMPORTANT POINT
When bank employee misappropriated the money given by customer/account holder for being credited to his savings account, Bank would be liable to pay the amount to customer.

M.S. Parikh,(President)- This appeal arises from order dated 7th November, 1997 dismissing the complaint bearing Consumer Complaint Application No. 258/92 filed by the appellant before the Jamnagar District Consumer Disputes Redressal Forum.

2. When this appeal came up for hearing it appeared that notice for the appeal have been fixed for hearing today was sent under certificate of posting on 19th January, 2002 to both the parties. The appellant being the original complainant has clearly stated in the appeal that she is an old widow and she would not be in a position to appear before this Commission. No one has remained present for the opponent Bank. Under such circumstances we require to consider the merits of the matter and dispose off this appeal.

3. It was the complainant’s case that she had Savings Bank Account No. 3560 with the opponent Bank at its Jamnagar branch and the said account was regularly operated by her. She deposited Rs. 20,000/- on 11th December, 1987 personally and got entry made in her passbook. On subsequent occasions also she had transactions of depositing Rs. 500/-arid Rs. 1,000/- and on 11th December, 1987 there was a credit balance of Rs. 19,063,57 in her said savings bank account as per the balance shown in the passbook given by the concerned employees/officers of the opponent Bank. It was the complainant's grievance that when she went to withdraw the amount which she deposited the opponent Bank refused such withdrawal. The complainant thereafter wrote letter exhibit-21. The opponent Bank replied as per exhibit22 requiring the complainant's presence with the passbook at the Bank. The complainant wrote letter exhibit-23. She also addressed subsequent letter requesting return of her money lying by way of credit balance in her account as per the passbook. By letter exhibit-25, ultimately the complainant informed the opponent Bank that the complainant had handed over the amount to the opponent Bank’s employee Mr. Dholakia who made entry in the passbook in token of the complainant having credited the amount with the opponent Bank through its aforesaid employee Mr. Dholakia. The opponent informed that since criminal case was pending against the said employee appropriate action would be taken in respect of the complainant’s request after the said case was disposed off. On 24th January 1989 the complainant’s passbook was seized by the Police Inspector of the C.B.I. Under all these circumstances the complainant prayed for the return of the aforesaid credit t balance in the complainant’s savings bank account in question and compensation in the sum of Rs. 50,000/- from the opponent Bank.

4. The opponent resisted that complaint inter alia on the ground that the complainant did not produce counterfoil showing deposit of Rs. 20,000/- made by the complainant with the opponent Bank. According to the opponent if the complainant had acted against rules by handing over the amount of Rs. 20,000/- to the employee of the opponent Bank, the opponent Bank would not be liable to answer for such transactions. Besides, there was no initial of any officer of the opponent Bank in the entries subsequent to the balance entry on 12th August, 1987. It was further asserted that a criminal case of misappropriation was filed against Mr. Dholakia, opponent Bank’s employee, but misappropriation of the complainant's money was not established. Opponent Bank finally contended that the complaint was barred by limitation.

5. After hearing the parties and considering the material placed on record the learned Forum came to the conclusion that the complaint was within the period of limitation, that the evidence of passbook was not conclusive evidence, that the evidence of statement of account appearing in the ledger of the opponent Bank would be conclusive, that the complainant failed to establish having deposited Rs. 20,000/- as per the entry appearing in her aforesaid passbook concerning aforesaid savings bank account and complainant was not