‘Missing’ deposit, ‘fraudulent’ withdrawals in bank account: Woman wins Rs 1.72 lakh

“The bank being the employer is liable for the wrongful act and conduct of its employees. As such, the opposite parties (SBI Bank and bank manager) are liable to compensate the complainant. As per the complaint, the complainant has demanded Rs 1.62 lakh and the complainant is entitled to the said amount,” the June 30 order read.

‘No deposit, fraudulent withdrawal’

Rani claimed that she went to withdraw money from her SBI account but found that there was no money in it, while she had a receipt of Rs 75,000 that she had deposited. She also moved an application regarding an alleged fraudulent withdrawal of Rs 87,000 from her account on different dates between August 2019 and October 2019.

She approached the branch manager of SBI Bank, Bhalout, who allegedly told her that one of their employees had illegally withdrawn the amount from her account besides not depositing the earlier amount in her account, and that an FIR was registered against him.

Rani claimed that the bank manager further assured her that the amount would be refunded to her account, but to no avail. She added that the act and conduct of the bank and its manager was illegal, arbitrary and against the principle of natural justice due to which she suffered mental agony, pain and harassment.

Aggrieved by the same, she moved the commission seeking directions to SBI to pay the amount withdrawn from her account and compensation along with any other relief which the commission may deem fit and proper. She was represented by advocate Ashwani Phougat in the matter.

Investigation pending: SBI

Representing the SBI, advocate O P Chugh submitted that as per the bank’s record, the amount deposited and withdrawn was shown in the statement of account, but as the complainant has levelled allegations that the said amount was illegally withdrawn by someone, an inquiry is pending in this regard. It was added that further action will be taken in the matter as per the report by higher authorities.

The counsel argued that all the other allegations levelled against the bank and its manager were wrong and sought dismissal of the complaint.

No FIR, probe report shown: Forum

The commission noted that the bank has admitted in its written statement and affidavit that an investigation into the alleged fraud and cheating was pending, and action would be taken after its conclusion.

However, it was found that the bank neither placed on record any FIR, internal inquiry report, investigation findings, nor any material indicating that action was initiated against any employee or other person suspected of involvement in the alleged fraudulent transactions.

“So after perusal of all the documents, it is established that a fraud has been committed by the official of the bank with the complainant and other account holders. Hence, it is the duty of the bank to protect the amount/finances deposited by the customers and villagers with the bank,” it added.

Accordingly, the commission allowed the complaint, directed SBI and the bank manager to pay a sum of Rs 75,000 along with interest at the rate of 9 per cent per annum from the respective dates of deposit till the date of actual realisation. The bank and manager were further directed to pay Rs 87,000 along with interest at the rate of 9 per cent per annum from the respective dates of withdrawal from the complainant’s account.

The commission also directed SBI and the manager to pay Rs 5,000 as compensation on account of deficiency in service and Rs 5,000 as litigation expenses to the complainant within 30 days.

Takeaway

This ruling reiterates that banks have a duty to safeguard customers’ deposits and can be held liable for deficiency in service where they fail to prevent fraudulent withdrawals, including those committed by their own employees.

Consumers facing similar grievances may contact the Consumer Helpline in their respective states (Haryana: 1800-180-2087) or the National Consumer Helpline by dialling 1915 for assistance.