SIRIPARAPU KRISHNA RAO Vs. CHAIRMAN, UNION BANK OF INDIA

JUDGEMENT

(1.) This is a strange case where the Union Bank of India ( the Bank for short) has been placed in an unenviable predicament because the premises in which its Governorpet Branch at Vijayawada was located was totally burnt on 26.12.1988 and several days thereafter, because of fire that was started by the arson indulged by riotous mobs after the local M.L.A. was murdered. All the records including the accounts of that branch of the Bank were burnt. The complainant was having a Saving Bank Account in the branch bearing S.B. A/c. No. 736 from 6.4.1985. He claimed that as on the date of the fire he was having Rs. 1,53,050/ - in his account in that branch of the Bank. According to him no pass book was given to him and he had to reconstruct his account by looking into the deposit vouchers from 6.4.1985 upto the date of fire and also the withdrawals evidenced by the cheque counterfoils. He submitted his claim which was given serial number S.B. 112 on 17.2.1989 for Rs. 1,53,050/ - on the basis of the records he was having. By letter dated 10.3.1989 (xerox copy marked as Ex. A -5) the fourth opposite party informed the complainant as follows: With further reference to the personal discussions, the undersigned had with you, we request you to produce the following documents to enable us to process your claim.

(2.) The complainant replied stating that he was not given any pass book at any time. According to the complainant he submitted all that was asked for except the pass book. The complainant further contended that on 27.6.1985 he deposited a sum of Rs. 40,000/ - into his account and in his complaint he explained the reason for not having any deposit voucher to evidence the said deposit in the Bank, as follows : On that day (27.6.1985) I visited the Bank after closing hours as I received the amount after executing the Registered Sale deed. As the complainant is a regular customer since several years all the staff in the Bank are personally known. Hence the said sum of Rs. 40,000/ - was handed over to one of known clerk of the said Bank and requested him to deposit the same amount in S.B. Account No. 736 on the next day. After a week days the complainant visited the Bank. One Mr. Vijay Kumar returned Rs. 30/ - saying that he has given it excessively. 

(3.) According to him all other receipts and withdrawals were evidenced by the respective counter -foils. The complainant also took a loan of Rs. 18,000/ - from the Bank on 23.11.1985 and according to him after the fire accident the Bank demanded a sum of Rs. 3,239/ - to clear the above said loan and thereafter he paid the entire amount to the Bank. He states that even though he submitted his claim to the Bank represented by the opposite parties on 17.2.1989 itself, the Bank did not respond at all to clear his Savings Bank Account. Thereafter he approached this Commission on 29.11.1990 by way of the present complaint. In his complaint he sought the following reliefs from the opposite parties :