NITIN KUMAR vs STANDARD CHARTERED BANK

-APPELLANT misplaced his credit card on 25. 10. 2003. He came to know about the misplacement of the card only on 27. 10. 2003 and immediately lodged report with the respondent helpline. After a month he received statement of account and was shocked to notice that as many as five transactions have taken place between 10. 40 a. m. to 11. 50 a. m. on 27. 10. 2003, amounting to Rs. 13,529. He paid a sum of Rs. 5,000 to the representative of the respondent on 16. 12. 2003 towards full and final settlement. But the respondent did not issue certificate to that effect. Consequently he filed the instant complaint before the District Forum asking for refund of Rs. 5,000 with interest, cost and compensation.

VIDE impugned order dated 7. 12. 2007, the District Forum dismissed the complaint by observing that after examination of the flow of signatures on the photocopy of the transaction slip with other documents filed by the appellant, there is nothing to rule out that the appellant did not sign these transaction slips. Feeling aggrieved the appellant has preferred this appeal.

Grievance of the appellant is that the aforesaid observations of the District Forum are not at all correct as the appellant had never singed any transaction slip and if the signatures on the slip and the signatures on the record of the respondent are compared the difference is demonstrative. The grievance of the appellant can be redressed by accepting the appeal and sending back the matter to the District Forum to get the opinion of the Hand Writing Expert and decide the matter afresh.

THE appeal is allowed to the aforesaid extent. The appellant shall appear before District Forum on 18. 2. 2008 for the aforesaid purpose. Bank Guarantee/fdr, if any, furnished by the appellant be returned forthwith.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal allowed.