14....22.04.2021....
The complainant is present.
Today is fixed for delivery of judgment/final order.
Final order containing three pages is ready. It is sealed, signed and delivered in open Forum/Commission.
It is ordered that,
ORDERED
That the case be and same is hereby allowed ex-parte against the O.P. No. 1 without cost and dismissed against the O.P. No. 2 ex-parte without cost. The O.P. No. 1 is directed to pay compensation of Rs. 1,560/- to the complainant by 60 days from the date of this order.
Let copies of final order be supplied to both the parties free of cost as per rules.
The Final order also be made available in www.confonet.nic.in .
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO. 213 OF 2019
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
23.12.2019 08.01.2020 22.04.2021
Present : President : Asish Kumar Senapati
Member : Jagadish Chandra Barman
Member : Smt Sangita Pal
COMPLAINANT : 1. Kanhu Charan Patra, Patton International Ltd., Kodalia, Kader Ashram, Kolkata – 700146, Present Address : Kanhu Charan Patra, S/O – Late Suresh Chandra Patra, Kaluanagar 1st Line, Luchapada, Berhampur-760001, District – Ganjam, State – Odisha.
Versus
O.P/O.Ps : 1. The Branch Manager, Union Bank of India, Rajpur Sonarpur Branch, 47, N.S. Road, Kolkata-700 149.
2. The A.G.M & Chief Regional Manager, United Bank of India, Baruipur, Kulpi Road, P.O. – Baruipur, District – South 24 Parganas, Kolkata - 700 144.
Sri Asish Kumar Senapati, President
This is a complaint filed by Kanhu Charan Patra against the Branch Manager, Union Bank of India, Rajpur Sonarpur Branch and another alleging deficiency in service. The complainant asserted that he has a savings account being No. 677902010003324 with the O.P. No. 1 since 2017. The complainant went to an ATM of United Bank of India at Harharitola for withdrawing of Rs. 20,000/-. The complainant did his first transaction for withdrawal of Rs. 10,000/- which was successful but the second transaction for withdrawal of Rs. 10,000/- was not successful. In spite of that the amount was deducted from his account. Thereafter, the complainant lodged a complaint with customer care of the O.P. No. 1 on the same date and they assured to refund of Rs. 10,000/- in his account. On 19.06.2019 the complainant went to the O.P. No. 1 for lodging a written complaint as per a telephonic advice of customer care on 19.06.2019 but the O.P. No. 1 refused to take any complaint. Then the complainant sent his grievances through email to customer care of Union Bank of India on 20.06.2019 and subsequently sent another email to the CEO of Union Bank of India on 30.06.2019. On 06.07.2019 the complainant filled up a form as per instruction of O.P. No. 1. That on 26.08.2019 the complainant again lodged a complaint to the customer care which was registered as docket no. 1545626. As the complainant could not get any relief, he sent his complaint through speed post to RBI on 25.10.2019 but no positive result has yet been achieved. Hence, the complainant has prayed for refund of Rs. 10,000/-, compensation of Rs. 8,000/- and litigation cost.
The complaint was registered on 23.12.2019 and admitted on 08.01.2020. The O.Ps. appeared but the O.P. No. 2 only contested with the case by filing W.V. on 20.03.2020. It is asserted that the O.P. No. 2 had no knowledge about the fact of the case and the O.P. No. 2 had no deficiency in service. The O.P. No. 2 prays for dismissal of the complaint with cost.
The complainant filed evidence on affidavit on 09.03.2021. On 13.04.2021 the complainant has filed an application along with Xerox copy of his pass book stating that the O.P. No. 1 refunded the amount of Rs. 10,000/- on 23.04.2020. He prays for compensation as the O.P. No. 1 has refunded the amount after a lapse of about 11 months.
We have gone through the materials on record including the application of the complainant dated 13.04.2021 and the Xerox copy of pass book of the complainant. The complainant has asserted that his transaction for withdrawal of Rs. 10,000/- was unsuccessful on 18.05.2019 but the amount of Rs. 10,000/- was debited from his account. We find that the complainant lodged the complaint for refund of the amount of Rs. 10,000/- but the O.P. No. 1 was silent for a considerable period in spite of receipt of several complainants. It is a fact that the O.P. No. 1 credited the said amount of Rs. 10,000/- to the account of the complainant on 23.04.2020 i.e. after 341 days. Considering the facts and circumstances of the case, we think that the complainant is entitled to get compensation of Rs. 560/- i.e. simple interest @ 6% p.a. with effect from 18.05.2019 to 22.04.2020. We also think that the complainant is entitled to get compensation of Rs. 1000/- for mental pain and agony from the O.P. No. 1.
In the result, the CC case succeeds.
Hence,
ORDERED
That the case be and same is hereby allowed ex-parte against the O.P. No. 1 without cost and dismissed against the O.P. No. 2 ex-parte without cost. The O.P. No. 1 is directed to pay compensation of Rs. 1,560/- to the complainant by 60 days from the date of this order.
Let copies of final order be supplied to both the parties free of cost as per rules.
The Final order also be made available in www.confonet.nic.in .
Dictated and corrected by me
President
