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A. K. TIWARI, SRIKANT PANDEY
State Bank of India, Through Branch Manager – Appellant
Versus
Jaswant Singh – Respondent
ORDER
A.K. Tiwari, Presiding Member—This appeal by the opposite party/appellant is directed against the order dated 29.01.2011 passed by the District Consumer Disputes Redressal Commission, Vidisha (for short ‘District Commission’) in C.C.No.138/2009 whereby the complaint filed by the complainant has been allowed.
2. The case of the complainant/respondent in brief is such that in the year 2006 he had obtained loan from the opposite party/appellant bank for purchase of tractor for which loan account no.63003897247 was opened. Since he is less educated, he used to deposit the loan amount after getting filled deposit slip from Shri Nigam, Assistant Manager of the bank. On 02.03.2009 when he reached to Shri Nigam to deposit Rs.1,90,000/-, he was busy and the cash counter was to be closed, at his instructions he got filled the deposit slip for depositing Rs.1,90,000/- from the person standing nearby and gave that slip along with amount to Shri Madho Wadekar, cashier who after counting received the amount and after affixing seal and appending signatures given counter slip to him and due to heavy rush he was asked to get entry done in the passbook later on the basis of counter slip. Later
NRE Account is meant for only foreign currency transactions and Indian currency is not acceptable in this account.
Banking Services – Deficiency in Service – Consumer Dispute – Amount deposited by complainant is at the disposal of Bank & service rendered by bank is not a free service.
Liability for non-refund of deposits – A financial institution or entity cannot escape liability for non-refund of deposits by merely denying the transaction or the relationship in its pleadings. Whe....
(1) Apparent from the said Statement of Account that no loss has been caused to the Complainant.
Withdraw of Amount - The Complainant cannot be allowed to withdraw the amount which he has not deposited in the bank.
Principal can be held liable for wrong committed by its Authorised Agent.
Fraudulent withdrawal – Bank has no control over ATM when transaction is successful by providing card pin and operations.
(1) Real Transactions – Without ascertaining the real transactions which culminated into the withdrawal of the funds no liability could be fastened upon the opposite party.(2) Implead – The complaina....
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