21….03.12.2021…..
Today is fixed for delivery of final order. Final order containing 5 pages is ready. It is sealed, signed and delivered in open Commission.
It is ordered that,
ORDERED
That the C.C. be and the same is hereby allowed on contest against the O.P. with cost of Rs.1000/-. The O.P. is directed to make necessary arrangement for crediting Rs.25,000/- along with simple interest @ 6% per month to the Joint Account of the complainant and her mother Tairun Bibi being A/c No. 30601809415 with effect from 10.04.2019 till the date of credit by 60 days from the date of this order. This order will not be a bar for realization of the amount of Rs.25,000/- with interest and other charges from the holder of the Aadhaar Card being No:778587884603 by the authority concerned. The O.P. is directed to credit the amount as mentioned above with interest and cost of this case in the Joint A/C of the complainant and his mother Tairun Bibi by 60 days from the date of this order.
Let a copy of the order be supplied free of cost to the parties concerned.
Final Order will also be available in the following website www.confonet.nic.in.
1
CC no.185 of 2019
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO. 185 OF 2019
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
08.11.2019 15.11.2019 03.12.2021
Present : President : Asish Kumar Senapati
Member : Sangita Paul
COMPLAINANT : 1. Abdus Sukur Molla, S/o – Abdul Hamid Molla,
Village–Dakaitmara, P.O.- Krishnachandrapur,
P.S. – Mathurapur, Dist. – South 24 Parganas,
Pin – 743 354
Versus
O.P/O.Ps : 1. Manager, State Bank of India,
Krishnachandrapur Branch, Vill & P.O.– Krishnachandrapur, P.S. – Mathurapur, Dist. – 24 Parganas (South), Pin – 743 354.
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CC no.185 of 2019
Sri Asish Kumar Senapati, President
This is a complaint filed by one Abdus Sukur Molla (herein after referred to as the complainant) against the Manager, State Bank of India, Krishnachandrapur Branch (herein after referred to as the O.P.) alleging deficiency in service on the ground that someone has withdrawn Rs.25,000/- from 19.03.2019 to 10.04.2019 from the joint Bank Account of the Complainant and his mother without any knowledge of the complainant and his mother.. It is also alleged that the matter was informed to the O.P. in writing on 07.07.2019 but no positive action has yet been taken. though the O.P. No.1 informed Tairun Bibi, mother of the complainant vide letter dated 10.06.2019 to resolve the issue. As the O.P. did not resolve the issue even after lapse of a consideration period, the complainant has filed the case against the O.P. praying for a direction upon the O.P. to credit the amount of Rs.25,000/- with interest. The case was filed on 08.11.2019 and admitted on 15.11.2019.
The O.P. filed written version on 16.01.2020 stating that the case is not maintainable and it is bad for defect for parties. That the banking Ombudsman will be the proper forum for looking into the matter of the complainant and the complainant has filed the case by suppressing the material fact. That the O.P. has denied the allegations made out by the complainant. That the O.P. admitted that on 07.06.2019 he received a complaint and replied vide letter dated 10.06.2019 and 07.06.2019 . That the O.P. came to know after investigation that the brother of the complainant made the unauthorized transaction and it was informed by the O.P. to the complainant but the complainant created pressure upon the O.P. without any police complaint. The O.P. has prayed for dismissal of the complaint with cost.
The complaint petition has been treated as evidence of the complainant in view of prayer of the complainant and the O.P. filed evidence on affidavit in support of his written complaint. The Ld. Advocate for the O.P. also filed this notes on argument .
On the basis of the above versions following points for proper adjudication of the case.
- Is the complainant a consumer in terms of the C.P. Act ?
- Is this commission’s jurisdiction to entertain the complainant ?
- Is there any deficiency in service on the part of the O.P.?
- Is the complainant entitled to get any relief against the O.P. ?
Point Nos 1 to4.
The complainant submits that he has a Joint A/C. with his mother, Tairun Bibi, with the O.P. Bank being A/C. No:30601809415. It is submitted that someone withdrew an amount of R.25,000/-during the period from 19.03.2019 to 19.04.2019 by linking Aadhaar in the said A/C. It is submitted that the Bank A/C of the complainant is linked with Aadhaar No:778389430702 and 289401557167 which are in the names of the complainant and his mother Tairun Bibi but the amount of Rs.25,000/- was withdrawn by linking Aadhaar 778587884603. He argued that the complainant is not aware how the said amount was withdrawn without the consent of the complainant and his mother. It is contended that the O.P. responded to the letter of the complainant dated 07.06.2019 vide letter dated 10.06.2019 and 07.08.2019 but no amount has yet been credited in the Joint A/C. of the complainant.
In reply he prays for a direction upon the O.P. to credit the amount of Rs.25,000/- with interest to the A/C of the complainant and his mother.
In reply the Ld. Advocate for O.P. submits that the O.P. is not liable for unauthorized transaction as alleged by the complainant. It is submitted that the complainant or his mother is responsible for linking Aadhar No:778587884603 to the saving A/C No:30601809415. It is submitted that the complainant is not entitled to get any relief in this case. It is further stated that the complainant is not a consumer .
We have gone through the written complaint, evidence and documents submitted by both sides and WV filed by the Ld. adv. for the Op.. We have also considered the submission of the complainant and the Ld. Advocate for the O.P. Admittedly, the complainant and his mother Tairun Bibi have a Saving Bank A/C. No:30601809415 in the OP bank. The complainant being a Joint A/C holder of the same saving A/C has filed the case alleging deficiency in service on the part of the O.P. stating that amount of Rs.25,000/- was withdrawn during the period from 19.03.2019 to 10.04.2019 by linking Aadhaar No:7785878846033 which is not the Aadhaar No. either of the complainant or his mother, Tairun Bibi. It also appears from the photo copy of documents filed by the complainant that a G.D. being No:1098 dated 20.09.2019 was lodged with the Mathurapur P.S. We find that the O.P. responded to the notice of the complainant dated 07.06.2019 vide letter dated 10.06.2019 and 01.08.2019 but no amount has yet been credited in the Joint A/C of the complainant and his mother. It is the submission of Ld. Advocate for the O.P. that O.P. is not liable for unauthorized transaction regarding withdrawal of Rs.25,000/- from the Joint A/C. of the Complainant and his mother. It is clear from the submission of the both sides and materials on record that amount of Rs.25,000/- was withdrawn during the period from 19.03.2019 to 10.04.2019 from the Joint A/C. of the complainant and his mother being S/R A/C.30601809415 by linking Aadhaar 778587884603 which is not Aadhaar Number either of the complainant or his mother Tairun Bibi. On a careful consideration, we are unable to accept the argument of the Ld. Advocate for the OP that the complainant and his mother are responsible for unauthorized withdrawal of Rs.25,000/- by linking Aadhaar No:778587884603. We are in dark, who linked Aadhaar No:778587884603 with S/A. A/C No.30601809415 but it is admitted by both sides that the said Aadhaar No. is not related with any account holders of the joint account. The liability of the bank to check and verify as to whether any Aadhaar No. linked with any A/C No. is the actual Aadhaar No. of the A/C holder or not. In the present case, we find that Aadhaar No:778587884603 had been used to withdraw the amount of Rs.25,000/- but the O.P. has stated its ignorance how the said Aadhaar No. was linked with the Saving A/C of the complainant and his mother. In our considered opinion, the O.P. is responsible for unauthorized linking of Aadhaar of any 3rd person with the Jt. A/C of the complainant and hir mother. The O.P. has not submitted any status report as to what steps he has taken to ventilate the grievances of the complainant. Therefore, we are of the view that the O.P. has deficiency in service. We also think that the complainant is a consumer under the C.P. Act and this Commission has jurisdiction to entertain the complainant. We hold that the complainant is entitled to get refund of Rs.25,000/- along with interest @ 6% per annum with effect from 10.04.2019 till realization against the O.P. All points are thus decided in favour of the complainant.
In the result, the complaint case succeed.
Hence,
ORDERED
That the C.C. be and the same is hereby allowed on contest against the O.P. with cost of Rs.1000/-. The O.P. is directed to make necessary arrangement for crediting Rs.25,000/- along with simple interest @ 6% per month to the Joint Account of the complainant and her mother Tairun Bibi being A/c No. 30601809415 with effect from 10.04.2019 till the date of credit by 60 days from the date of this order. This order will not be a bar for realization of the amount of Rs.25,000/- with interest and other charges from the holder of the Aadhaar Card being No:778587884603 by the authority concerned. The O.P. is directed to credit the amount as mentioned above with interest and cost of this case in the Joint A/C of the complainant and his mother Tairun Bibi by 60 days from the date of this order.
Let a copy of the order be supplied free of cost to the parties concerned.
Final Order will also be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
President
