DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS, 

AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

      C.C. CASE NO.16 OF 2017

DATE OF FILING - 07/02/17    DATE OF PASSING JUDGEMENT:  22/05/2018

Present :   President       :   Ananta Kumar Kapri

    Member(s)    :     Subrata Sarker  & Jhunu Prasad     

COMPLAINANT : 1) Sri Sukanta Mondal, son of Sri Gopinath Mondal.

  2) Smt Payel Mondal, wife of Sri Sukanta Mondal, both are residing at Village - Bhowanipur, Post – Subhasgram, P.S – Sonarpur, District – South 24 Parganas, Pin – 700 147

-VERSUS  -

 

O.P/O.Ps : 1) The Branch Manager. UCO Bank. Sonarpur Branch, District – South 24 Parganas, Pin – 700 147

  2) The Zonal Manager, UCO Bank, 15/A, Gariahat Road, Kolkata – 700 019

____________________________________________________________________________________

J U D G M E N T

Sri Ananta Kumar Kapri, President

Facts of the complaint in its abbreviated from are that the complainants maintain a savings bank account no.- 20950110086704 with the bank of O.P-1 with cheque facility. His cheque book contains 20 pages having it serial no. 630321 to 630340. On 17.07.16, they went to the bank having received a message and got their passbook updated. It was on that time, they came to know that Rs.- 2,90,000/- was debited from their account by cheque no.-630336 and Rs.-4,85,500/- by cheque no. 630338.

To his utter surprise, complainant no.- 1 found that those cheques were lying still unused in his custody. The incident was brought to the notice of O.P – 1 who assured the complainants to return the amount. But, no fruitful step was taken by him. Again, O.P-1 was requested in writing by the complainants on 24.06.16 and 30.06.16 to refund the said money. This request of the complainants also failed to produce any fruitful result. So, the complaint is filed, seeking refund of Rs. 7,75,000/- to his account, payment of Rs. 2,90,000/- as compensations and Rs.- 20,000/- as litigation cost. 

Hence, this case.

By filing  written statement, it is averred by O.Ps that cheque no.- 630338 for Rs. 4,85,500/- was produced before the bank on 09.06.17 for clearance and accordingly message was also sent to the complainants through their mobile phone. But, no objection was raised by the complainants and therefore clearance was given. Another cheque for Rs.- 2,90,000/- was produced on 17.06.16 for clearance and message was also sent to the complainants. But, this time complainants raised objection and therefore the amount though debited from account, the transaction was stopped. As it is case of fraud, FIR was lodged on 28.06.16 before Barrackpore P.S, vide P.S case no. 478/16 dated 28.06.16 under section 467/468/471/474 IPC. Rs.- 2,90,000/- has already been credited to the account of the complainants on 04.02.17. Regarding credit of Rs.- 4,85,500/-, they could not take prompt step for want of objection from the side of complainants on the date of siphoning the money. However, proper step will be taken by them after completion of police investigation. According to them, the complaint is baseless, false and malafide and therefore it should be dismissed in limini with cost.

Upon the averments of the parties,  following points are formulated for consideration.

 

POINTS FOR DETERMINATION

Are the O.Ps guilty of deficiency in service for causing delay in crediting the amount to the account of the complainants?

Are the Complainants entitled to relief/reliefs has prayed for?

 

EVIDENCE OF THE PARTIES

Petition of complaint is treated as evidence by complainants, vide their petition dated 30.10.17. Similarly, W.S filed on behalf of the O.Ps is also treated as their evidence. Questionnaire, reply, BNA filed on behalf of the parties are kept in record for consideration.

 

 

DECISION WITH REASONS

Point nos. - 1 & 2

Already heard the submissions of Ld. Lawyers appearing for the parties. Perused the complaint, written statement and other materials on record. Considered all these.

Some admitted positions have cropped up to the surface in this case. It is admitted position that the cheque book was issued to the complainants by O.P-1. It is also admitted position that money has been withdrawn from the account of the complainants by two cheques, bearing no. 630336 and 630338. Also admitted is the fact that those original cheques are still lying in the custody of the complainants. The complainants have produced their original cheque book before the Forum and the same is kept in the record. Further, some other facts also go undisputed. Rs.- 2,90,000/- has been credited to the account of the complainants on 04.02.17. A letter dated 08.03.17, bearing no.- ZO Kolkata/Vig/2017-18/435 is produced herein on behalf of the O.Ps and it is found therefrom that the O.Ps are willing to make payment of Rs.- 4,85,500/- to the complainants. Regard being had to all these, we are inclined to say that the major portion of the claim of complainants being admitted by the O.Ps, the complainants are entitled to Rs.- 4,85,500/- which was siphoned off their account by cheque produced by the miscreant and which amount is yet to be credited to the account of the complainants. It is also to be seen now regard the complainants are entitled to any kind of compensations as prayed for by them. To determine such compensations, we are bound to see whether the complainants have suffered any kind of loss due to illegal siphoning of the money from their account maintained with the O.P bank. O.P-1 should have verified the sample signatures of the complainants, kept in bank, with the signatures of the cheques in question. Had they done this thing carefully, the money would not have siphoned away from the account of the complainants. Had due care and responsibility been applied by O.P-1, a miscreant could not have been able to withdraw of the money from the account of the complainants. That care having not been taken by the O.P-1, there arises deficiency in service on the part of O.P bank.

It is evident on record that Rs.- 2,90,000/- was debited from the account of the complainants on 17.06.16 and the same was credited to the account of complainants on 04.02.17. Similarly, Rs.- 4,85,500/- was debited on 09.06.17 and the same is yet to be credited to the account of the complainants. The complainants have lost interest on the said money during the period as mentioned above and the O.Ps will have to compensate the complainants by payment of interest @ 8% p.a which interest is awarded by way of compensations for loss of interest and also for harassment and mental agony suffered by the complainants.

In the result, the case is succeeds.

Hence,

ORDERED

That the complaint case be and the same is decreed on contest against the O.Ps with a cost of Rs.- 5,000/- to be paid to the complaints by O.Ps.

O.P-1 & 2 are directed to credit Rs.- 4,85,500/- to the account of the complaints and also to pay interest @ 8% p.a upon the said amount of Rs.- 4,85,500/- and also upon Rs.- 2,90,000/- for the period from the date of debit to the date of re-credit, within a month of this order, failing which the rate of interest will be enhanced from 8% to 10% p.a upon the said amount.

Let a copy of this order be supplied or sent to free of cost at once to the parties concerned.

I/We agree President

 

Member Member

Dictated and corrected by me

 

President