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2012 Supreme(All) 2442

J.M.MALIK, VINAY KUMAR
Kusum Devi – Appellant
Versus
Chief Manager, State Bank of India – Respondent


Advocates:
Counsel for the Petitioner: Om Prakash Singh.
Counsel for the Respondent: S.L. Gupta.

J.M. Malik (P.M.)—

The principal question which falls for consideration is whether wife is liable for the loan advanced to her deceased husband?

2. The facts of this case are these. Smt. Kusum Devi, complainant in this case, is the wife of late Shri Sunil Singh. Her husband died on 10.9.2008. Smt. Kusum Devi opened a saving bank account six months after the death of her husband with the State Bank of India, Telchar. The bank debited the entire amount in the sum of Rs. 3,83,000/- from the saving bank account of Smt. Kusum Devi without authorization on the pretext that her husband had taken per#31;sonal loan. The complainant was not aware of any such loan. She was not a co-borrower in the loan agreement. She never stood guarantor for her husband.

Consequently, she filed a complaint before the District Forum on the ground that the opposite party had committed deficiency in service and she was enti#31;tled to the above said amount with interest @ 23% p.a. and further claimed compensation in the sum of Rs. 4,50,000/- towards mental torture and harass#31;ment.

The defence set up by the opposite party was that late Shri Sunil Singh during his employment in Mahanadi Coalfields Ltd. (M.C.L.) ha














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