ALLAHABAD BANK Vs. SHIV SWARUP SHRIVASTAV

JUDGEMENT

(1.) This revision is directed against the order dated 7.7.2004 of State Consumer Dispute Redressal Commission, Uttar Pradesh, Lucknow dismissing appeal against the order dated 2.2.1998 of a District Forum whereby petitioner/opposite party bank was directed to pay Rs. 35,000 along with interest on fixed deposit rate, to the respondent/complainant.

(2.) Respondent alleged that he had invested in fixed deposit an amount of Rs. 35,000 for a period of one year on 11.11.1992 with the petitioner bank and after maturity period the petitioner had declined to pay the maturity amount. Prayer was, therefore, made in the complaint for refund of the said amount along with interest by the Bank. Petitioner filed reply on the affidavit of Satish Chand Tiwari, Manager, Unnao Branch of the bank. It was alleged that respondent was having a Saving Bank Account No. 825 with the bank. Amounts of Rs. 20,000 on 16.5.1991 and Rs. 10,000 on 10.2.92 were not deposit in that account. Entries made in the pass-book and ledger book in regard to deposit of these two amounts are fabricated. As on 11.11.1992 an amount of Rs. 35,614.10 was lying in credit in the said account including the said amounts and FDR of Rs. 35,000 was issue after transferring money from the saving bank account. Though, it was admitted that Ram Gopal Shrivastava was working as a clerk in Unnao branch but it was stated that he was not authorised to receive or deposit money in cash and the respondent in collusion with Ram Gopal Shrivastava got the entries of deposits of Rs. 20,000 and Rs. 10,000 made in the pass book and ledger book and issued FDR of Rs. 35,000. It was also stated that a criminal case was registered by CBI and on charge-sheet being filed the said employee had been found guilty and sentenced to undergo imprisonment. Respondent despite demand did not show the receipts regarding deposit of said two amounts. Liability to pay the amount claimed was emphatically denied.

(3.) Along with list of document dated 30.11.2004/6.12.2004 the petitioner has filed the copies of charge-sheet and also judgment in case No. 4609/94 - CBI v. Ram Gopal Shrivastava, decided by the Special Judicial Magistrate, CBI, Lucknow on 12.7.1995.