STATE BANK OF INDIA Vs. K. V.S. SURYANARAYANA

JUDGEMENT

(1.) This is an appeal preferred by the opposite party bank against the order of the Dist. Forum directing it to pay Rs. 1 lakh with interest right from August, 1993 till the date of payment together with costs of Rs. 2,000/-.

(2.) The case of the complainant in brief is that he was retired from service on 31.7.1990. Later he was appointed as Member, A.P. Administrative Tribunal from 1991 1994. While in the year 2005 while he was going through his old papers, pension papers etc. he found a letter written by him on 30.8.1993 addressed to the Branch Manager of the appellant bank that an amount of Rs. 1 lakh was standing to his account No. 6 under Central Government Officers Retirement Fund and retirement deposit fund. As he intended to withdraw Rs. 50,000/- he requested the bank and issued cheque for the said amount on Andhra Bank, Jubilee Hills, Hyderabad. Later he forgot that he was having account with the appellant bank, and tried to locate the pass book and cheque book. He could locate the cheque book for the period from 2.8.1990 to 13.8.1990 of his Andhra Bank, Jubilee Hills S.B. Account. He noticed an entry on 7.8.1990 issuing a cheque No. 733263 in favour of appellant bank for an amount of Rs. 2,40,000/-. On that he requested the appellant bank to issue statement of account. Later he sent repeated reminders finally registered notice for which it did not respond. Later on 28.7.2005 he received a letter from Sri G. Vidyasagar, Branch Manager requesting some more time to verify the record. Despite the fact that he waited for some time, the information was not received and on that he filed the complaint for directing the bank to issue statement of deposit made under A/c. No. 6, and pay outstanding balance amount with interest if any, damages and costs.

(3.) The appellant bank resisted the case. While admitting that the complainant had opened PPF No. 6 on 7.8.1990 and subsequently by his letter Dt. 9.8.1991 requested to pre-close which was acceded to and arranged payment as per its letter Dt. 9.8.1991 and closed the account. They do not have record. It was closed 14 years ago. The vouchers etc. were destroyed. The claim was speculative. He could not file his record to show that the amount was lying in the bank in his name. The amount was paid. The claim of the complainant is frivolous and therefore prayed for dismissal of the complaint with costs.