INDER SINGH MEHTA
Joginder Central Cooperative Bank Ltd. – Appellant
Versus
Naib Kaur – Respondent
ORDER
Inder Singh Mehta, President—Present appeal is preferred against the order dated 30.07.2020 of learned District Commission, Solan, H.P. in consumer complaint No.97/2022 titled Shrimati Naib Kaur & Anr. v. Jogindra Central Cooperative Bank Ltd. & Anr. whereby the complaint filed by the Complainants was allowed and the opposite parties No.1 & 2 were jointly and severally directed to immediately remove the lien from the FDRs of the Complainants and to make payment of all the FDRs to the Complainants with upto date interest. Opposite Parties Nos.1 & 2 were jointly and severally further directed to pay compensation of Rs.8,40,000 besides litigation cost of Rs.25,000 to the Complainants.
Brief facts of the Case:
2. Briefly, case of the Complainants is that Complainants have a joint saving account No. 100834025000004 with the opposite party No. 2/Bank branch Kandaghat, District Solan, H.P. The Complainant No. 2 had been working as Manager with the opposite parties No. 1 and 2/Bank and had retired on 30.11.2015 and at the time of his retirement he got various benefits and funds from the opposite parties/Bank. The Complainants had deposited money with opposite party No. 2/Bank, Kandaghat
Withdraw of Amount - The Complainant cannot be allowed to withdraw the amount which he has not deposited in the bank.
A bank's allowance of withdrawals from a joint account involving an illiterate individual violates regulatory norms, necessitating accountability for negligence and fraud.
Principal can be held liable for wrong committed by its Authorised Agent.
Banking services – Deficiency in service – Depriving senior citizen of lawful money for about five years.
“Any customer who deposits amount under Reinvestment Plan is under assumption that the FDR will be renewed either till he approaches or gives any other specific instruction to the Bank.”
Agents cannot be held personally liable for their principal's defaults unless specifically agreed; agents' roles are limited to their contractual obligations.
Bank – The bank should have obtained the consent of the complainant before transferring the amount to the account of M/s Kavya Seeds, but the same was not done.
The bank's failure to maintain records leads to liability for non-payment of fixed deposits.
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