Tamil Nadu - Chennai   

Consumer forum directs bank to pay compensation

CHENNAI: Holding that a nationalised bank had passed a withdrawal slip without comparing the signature with the specimen signature available, the State Consumer Disputes Redressal Commission (SCDRC) has directed the bank to pay a compensation of Rs.5,000 to an account holder for the mental agony caused to her. It also directed the bank to pay her Rs.41,000, the sum which was withdrawn from her account by forging her signature in the slip, with nine per cent interest, and Rs.2,000 as costs.

Kamala Mohan of T.Nagar complained to the District Consumer Disputes Redressal Forum, Chennai (South), that when she wanted to withdraw Rs.30,000 from her account in Bank of India, Usman Road Branch, T.Nagar, in March 2001, the withdrawal slip she presented was returned on the ground that funds were insufficient. Later, she found that the bank had permitted some third party to withdraw Rs.41,000 from her account. She gave a complaint to the bank and received a reply. She later lodged a complaint with the police.

The bank submitted that the withdrawal slip for Rs.41,000 was passed for payment in the normal course of business by the staff after due verification of the complainant’s signature. The bank had also lodged a police complaint. Hence, the complaint before the consumer forum was premature. The district forum dimissed the complaint as premature. The complainant went on appeal.

In its order allowing the appeal, the Commission Bench comprising Justice K.Sampath, president and Pon.Gunasekaran, Member, said a comparison of the disputed signature with the admitted signature clearly showed that the disputed signature was a forged one.

The practice was that a person using the withdrawal slip should also produce the passbook relating to the account. That had not been done.

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