Legal Question in Consumer Law in India

Dear Sir / Mam,

My account was wrongly credited with an amount of around Rs.37000/- on 28.01.2013 and the bank debited it only on 30.04.2013 without informing me or getting letter from me. Has a bank has permission to debit from my account without informing or getting letter from me? Can I file case in consumer forum against the Bank?

Below are some cases against the bank.

*****Where the records showed that the bank made mistakes, on more than one occasion, in crediting / debiting the account(s) of the complainant company and corrected the same after considerable lapse of time, the bank was held liable for

deficiency of service in as much as such frequency of mistakes within a span of an year or so, affected the confidence in the banking system. Assam Import Agency Ltd., v. Chief Manager, UCO Bank & Anr 1997 (3) CPR 314 (SCDRC Rajasthan).

*****The complaint was filed under Section 2 & 14 of Consumer Protection Act. It was the case of the complaint/respondent that the Bank withdrew the amount in an account without instructions of the account holder and closed the account. It was held that the Bank cannot close an account and remit the amount in credit of somebody else even if, unauthorized or wrongly opened, as it is not at all function of the bank to find out as to whom the money in that account actually belong or from which source the same is collected. Appeal filed by bank dismissed. Chief Manager, Punjab & Sind Bank & Anr. Vs. Punjab & Sind Staff Organisation, CPR(3) 1995 309 (SCDRC - Punjab).

*****The complainant has alleged that the bank has debited certain amount without any authority or permission. The District Forum had dismissed the complaint and hence this appeal. It was found that the facts stated by the bank in its written

statement were not proved by filing any evidence before the District Forum and that the District Forum failed to consider the evidence which was filed by the complainant-appellant which should have been done before coming to any conclusion. The order of District Forum was set aside and the case was sent back to the District Forum for reconsideration. Vijay Singh v. Allahabad Bank 1998 (1) CPR 8 (SCDRC - Uttar Pradesh).

*****A total of six transfers were made from the complainant�s account without her knowledge and hence this complaint. The bank�s contention that three transactions were made on the basis of authority letter signed by the complainant, the

signatures of which were confirmed by the handwriting expert. The complainant did not offer herself for cross examination on the facts stated in the affidavit, though the bank wanted her to. However, it was found that the other three withdrawals were without any authorisation and therefore the bank was liable to credit those amounts with interest and damages were also awarded for mental sufferings. Geetha Nayar Menon & Anr. v. State Bank of India & Anr. 1998 (1) CPR 325 (SCDRC - Karnataka).

Can anyone please help me????

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