AIR 2008 (NOC) 959 (NCC) = 2008 (1) ALJ 590 (NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DE ::2008 (1) ALJ 590 ::2008 (3) ABR (NOC) 477 (NCC) = 2008 (1) ALJ 590

National Consumer Disputes Redressal Commission

Hon'ble Judge(s): M. B. Shah, Rajyalakshmi Rao, Anupam Das Gupta , JJJ

(A) Consumer Protection Act (68 of 1986) S. 2 (1) (g)— Deficiency in service — Complainant, a retired employee depositing his life savings in Bank — Officers of Bank committing fraud and transferring amount to third party's account without proper check or authorisation — If amount is disbursed to third party, without verification of signature of depositor, or doubting/suspecting as to why no cheque was used as an instrument of transfer, when whole of amount lying in account was being transferred in one go, fault lies with bank — Bank liable to reimburse depositor/complainant 1987 All LJ 832 and (2004) 2 SCC 425, Rel on (Para 18,22,26)

(B) Consumer Protection Act (68 of 1986) S. 13 — Delay in filing complaint — Condonation — Complainant's amount in Bank fraudulently transferred to strangers account by Bank officers — Complainant was all-through requesting Bank to refund amount — Criminal Complaint was also lodged and a criminal case was also pending against Branch Manager and other clerks of Bank — In peculiar facts and circumstances of case, and also in interest of justice, a fit case for condoning delay in filing complaint (Para 23)

(C) Consumer Protection Act (68 of 1986) S. 21 (as amended by Act of 2003) — Amendment pertaining to pecuniary jurisdiction — Would have no retrospective effect — Pending complaints are required to be decided on merits (Para 24)