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KUMKUM RANI, B. S. MANRAL
Bank of Baroda – Appellant
Versus
Mohd. Qumar – Respondent
ORDER
Kumkum Rani, President—This appeal has been directed against the impugned judgment and order dated 15.04.2021 passed by learned District Consumer Disputes Redressal Commission, Udhamsingh Nagar (hereinafter to be referred as “The District Commission”) in consumer complaint No. 87 of 2017, titled as Mohd. Qumar Vs. Bank of Baroda and another, wherein and whereby the consumer complaint was allowed.
2. The brief facts giving rise to the present appeal are as such that the respondent/ complainant has a Savings Bank Account bearing No. 06560100016400 with the appellant No. 1. The complainant is carrying on the business of taking land on lease and doing agricultural business. The complainant had supplied wheat to M/s Kavya Seeds, Bazpur and the said firm had given cheque No. 80533595 for Rs.10,00,000/-, which was deposited in the above-mentioned Savings Bank Account of the complainant with the appellant No. 1 on 08.06.2017. The complainant had issued two cheques bearing cheque No. 000011 dated 28.07.2017 for Rs.3,00,000/- and cheque No. 000012 dated 01.08.2017 for Rs.3,00,000/-. On presentation, the said cheques were returned by the appellant No. 1 with the remarks “Refer to Drawer
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.
(1) National Commission – The powers of the National Commission are very limited.(2) Evidence on Record – In exercising of revisional jurisdiction the National Commission has no jurisdiction to inter....
(1) Apparent from the said Statement of Account that no loss has been caused to the Complainant.
“Since the Bank after following the due procedure, transferred the fund through net banking, any deficiency in service on part of Bank ruled out.”
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.
“In new of facts and circumstance of the case if mater is found to be a subject of fresh consideration, remand of matter held justified.”
A bank's allowance of withdrawals from a joint account involving an illiterate individual violates regulatory norms, necessitating accountability for negligence and fraud.
The bank's failure to verify the authenticity of debit vouchers led to unauthorized withdrawals, constituting a deficiency in service and warranting compensation for the complainant's losses.
Banking services – Deficiency in service – Depriving senior citizen of lawful money for about five years.
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