Scrutiny of bank passbooks by customers
Himadri Shekhar Bhattacharjee
(Querist) 16 April 2013
This query is : Resolved
Sir, I would like to ask a question, in the course of internal inspections, some withdrawal forms could not be found and the auditor termed these withdrawals as fictitous.But, the concerned account holders didnot complain about any wrong debit to their accounts inspite of updating their passbooks regularly and it is more than two years by now.
Now, as per law,are the non receipt of complaints from related customers can be cited as a defense? Please let me know the legal provisions, preferably citing case laws on that. Regards. Himadri Shekhar
Bhattacharjee
Guest
(Expert) 16 April 2013
Non-receipt of complaint is definitely not the criteria of treating the debited amounts as withdrawals.
However, the objection of audit is wrong, as missing or lost withdrawal application forms can also not be taken as fictitious withdrawals. It would be better if you ask the audit to quote any rule or section of any act according to which missing withdrawal applications can be treated as fictitious withdrawals in the absence of any complaint and also whether the audit would permit revival of balances by crediting the amount of withdrawals to the respective accounts? Definitely, the audit would not like to take responsibility to authorise credit of such amounts to the accounts of the account holders.
Sudhir Kumar, Advocate
(Expert) 27 August 2013
You have made repeated queries regarding removal from service of your friend in disciplinary action by PSU Bnk.
Whether any of these depositors came to inquiry and confirmed withdrawal.
There is no provision that when a fraud is apparent during audit then management should wait for customer to complaint.
Sudhir Kumar, Advocate
(Expert) 27 August 2013
repeated http://www.lawyersclubindia.com/experts/Scrutinizing-entries-in-pass-books-416411.asp
